Global Energy Institute - Beveridge & Diamond Energy Tracker

Welcome to the Global Energy Institute-Beveridge & Diamond Energy Tracker. This site is intended to serve as a one-stop resource for monitoring key regulatory, judicial, and legislative developments associated with the Trump Administration’s energy policy agenda.

The Tracker interface below provides a comprehensive, filterable and sortable list of more than 130 energy-related federal actions tracked by date, agency, high-level topic area, and specific issue. The default view displays entries in reverse chronological order of the most recent substantive action by the relevant agency or court.

Immediately above the Tracker is a list of open comment periods and recent developments. To comment on these or future proposals, please go to the federal rulemaking portal at http://www.regulations.gov and follow the instructions for submitting comments. If you need assistance with submission of comments, you may contact the authors.  

Currently Open and Recently Completed Comment Periods
Department Proposal Comment Period
CEQ NEPA GHG Guidance (FR Notice) 6/26/19 - 8/26/19 (Comment docket)
DOE Dishwasher efficiency standards (FR Notice) 7/16/19 - 9/16/19 (Comment docket)
EPA Section 112 "Once-in, Always-in" (FR Notice) 7/26/19 - 9/24/19 (Comment docket)
EPA Coal Combustion Residuals (FR Notice) 8/14/19 - 10/5/19 (Comment docket)
EPA NSR Project Emissions Accounting (FR Notice) 8/9/19 - 10/8/19 (Comment docket)
EPA CWA Section 401 (FR Notice) 8/22/19 - 10/21/19 (Comment docket)

The Tracker is updated regularly. This edition is updated through September 18, 2019.

  • Notable Developments Over the Last Month

  • 9/12/19: EPA and Army Corps finalize rule repealing WOTUS. (EPA press release)

  • 9/12/19: BLM releases final EIS on ANWR Coastal Plain leasing proposal.

  • 9/10/19: This Circuit Court rules against PennEast Pipeline, finding that the Natural Gas Act does not abrogate State sovereign immunity as a corollary of its grant of eminent domain, effectively blocking PennEast from building on land owned by the state of New Jersey.

  • 9/5/19: DOE finalizes reforms to energy efficiency standards for general service lamps. 

  • 8/28/19: Fifth Circuit upholds EPA's delay of compliance deadlines for parts of Effluent Limitations Guidelines rule.

  • 8/27/19: Department of Interior finalizes Endangered Species Act reforms pertaining to (1) listing and critical habitat, (2) protective regulations, and (3) interagency cooperation.(Agency press release

  • 8/23/19: D.C. Circuit Court issues opinion denying petitions for review of 2015 ozone standard, except with respect to the secondary ozone standard, which it remanded for reconsideration. 

  • 8/20/19: EPA releases guidance to states regarding second period of regional haze implementation. 

  • 8/9/19: EPA proposes rule reforming New Source Review project emissions accounting requirements. (Comment docket

  • 8/9/19: EPA proposes rule reforming Clean Water Act Section 401 certification procedures. (Agency press release)(Comment docket

  • 8/8/19: Montana district court schedules 10/3/19 hearing to review environmental groups' challenge to Keystone XL pipeline construction permit. 

  • 8/2/19: Coalition of 13 states led by California file suit in second circuit challenging NHTSA rulemaking reducing financial penalties related to fuel economy standards. 

  • 8/2/19: D.C. Circuit Court issues opinion denying challenge to Atlantic Sunrise pipeline permits, finding that the challenges to the Commission's order permitting the pipeline expansion cannot surmount the deferential standards of agency review.

  • 7/26/19: Fourth Circuit Court vacates Fish and Wildlife Endangered Species Act evaluation and permit for the Atlantic Coast Pipeline.  

  • See Full List 

In addition to the comprehensive tracking database below, cumulative data quantifying the status and progress of Trump Administration energy actions is tabulated in this simplified quick reference list. As of this edition of the Tracker, energy-related actions taken by President Trump include 12 executive orders, 6 presidential memoranda, and provisions in 7 public laws. Further, by our best estimate, there are currently 13 energy-related regulatory/policy reforms initiated or under review, 11 reforms formally proposed, and 48 reform actions that have been finalized or completed. (These figures do not include project-specific actions such as leases or permit approvals.) 

Please contact Dan Byers of GEI (dbyers@uschamber.com) or David Friedland of Beveridge and Diamond (dfriedland@bdlaw.com, 202.789.6047) with questions, updates, or suggestions. For specific legal documents, please contact Beveridge and Diamond.

 

Indicates Public Law
Topic Issue/Reg Orders/Action Most Recent Action Agency Litigation (if any) Notes/Info/Chamber Statements
Permitting / NEPA Infrastructure Permitting
  • 9/14/2017

    Pursuant to Executive Order 13807, CEQ announces its plans to “guide federal agency efforts to expedite federal reviews while maintaining existing environmental protections." 

  • 8/15/2017

    President Trump signs Executive Order 13807, establishing a two-year goal to process environmental documents for major infrastructure projects.

Potus, OMB, CEQ
    Other Mining Regulations
    • 9/12/2017

      Mine Safety and Health Administration (MSHA) announces delay of mine inspection rule implementation until March 2, 2018.

    DOL
      Land Management / Leasing Oil and Gas Leasing
      • 8/16/2017

        BOEM announces results of Gulf of Mexico lease sale 249, totaling $121 million in bids for 90 tracts covering 508,000 acres. 

      • 7/14/2017

        The Bureau of Ocean Energy Management (BOEM) announces auction for offshore oil and gas leases in the Gulf of Mexico for August 16th (lease sale 249).

      Interior
        Energy Infrastructure Energy Infrastructure
        • 7/19/2017

          Executive Order 13805 establishes Infrastructure Advisory Council within Department of Commerce to report on “funding, support, and delivery of infrastructure projects in several sectors including renewable energy, electricity transmission, and pipelines.”

        Potus, Commerce
          Energy Financial / Royalties Multilateral Development Banks (MDBs)
          • 7/17/2017

            Department of Treasury modifies Obama Administration guidance prohibiting U.S. support for financing construction of coal plants internationally through MDBs, committing to “help countries access and use fossil fuels more cleanly and efficiently.”

          Treasury
            Land Management / Leasing Oil and Gas Leasing
            • 7/6/2017

              Bureau of Ocean Energy Management (BOEM) reduces royalty rates to incentivize investment in Outer Continental Shelf lease sales.

            Interior
              Land Management / Leasing Oil and Gas Leasing
              • 7/6/2017

                Secretary Zinke signs order directing BLM to conduct quarterly lease sales to address permitting backlogs. 

              Interior

                Global Energy Institute statement on Zinke lease sale directive. 

                Land Management / Leasing Oil and Gas Leasing
                • 6/26/2017

                  The National Oceanic and Atmospheric Administration (NOAA) opens public comment period associated with its review of National Marine Sanctuaries and Monument expansions in response to Executive Order 13795 (America-First Offshore Energy Strategy). 

                Commerce
                  Land Management / Leasing Monuments
                  • 5/11/2017

                    Department of Interior requests comment on its review of National Monuments in response to Executive Order 13792.

                  • 4/26/2017

                    Executive Order 13792 directing Dept. of Interior to review and recommend changes to overly expansive or inappropriate public lands designations made under the Antiquities Act of 1906.

                  Potus, Interior
                    General / Energy Development Energy Independence

                      Draft final agency recommendations due to OMB in 120 days (July 26th, 2017).

                      Final report due in 180 days (September 24th, 201)

                      General / Energy Development Offshore energy
                      • 4/28/2017

                        Executive Order 13795 Implementing an America-First Offshore Energy Strategy. Revokes Obama Administration restrictions on offshore energy production and directs Department of Interior to review how and where the U.S. could expand development.

                      Potus, Interior

                        Energy Institute Praises Trump Administration Efforts to Expand Offshore Energy Development

                        Regulatory Reform Regulatory Reform
                        • 4/13/2017

                          EPA published notice seeking public comment targeting regulations that are suitable for repeal, replacement or modification. The notice is to help implement EO 13777.

                        • 2/24/2017

                          Executive Order 13777 creating regulatory reform officers at each federal agency tasked with identifying outdated and overly burdensome regulations that warrant revision or repeal.

                        Potus, OMB

                          Chamber comments to EPA in response to EO 13777 regulatory reform outreach.

                          General / Energy Development Energy Independence
                          • 3/29/2017

                            Secretary Zinke signs Secretarial Order 3349, directing Department of Interior reviews of numerous regulations and policies impacting energy development.

                          Interior
                            General / Energy Development Energy Independence
                            • 3/28/2017

                              Comprehensive Executive Order 13783 promoting energy security and independence. (individual provisions tracked separately)

                            Potus, OMB

                              Chamber President Tom Donohue Praises President Trump’s commitment to making regulatory relief and energy security a top priority

                              Air Regulations Social Cost of Carbon
                              • 3/28/2017

                                Section 5 of Executive Order 13783 disbands the Interagency Working Group on the Social Cost of Carbon and rescinds use of its guidance and support documents.

                              Potus, OMB
                                Land Management / Leasing Resource Management Planning
                                • 3/27/2017

                                  Public Law 115-12, repealing, via the Congressional Review Act, Department of Interior regulations regarding land use planning on public lands.

                                Interior

                                  Chamber letter supporting repeal of RMP 2.0 rule

                                  Permitting / NEPA Pipelines
                                  • 3/16/2017

                                    Commerce Department solicits comment on domestic sourcing for pipeline materials.

                                    (Comment docket)

                                     

                                     

                                  • 1/24/2017

                                    Presidential Memorandum directing the Secretary of Commerce to develop a plan to maximize domestic sourcing of materials for pipeline construction.

                                  Potus, Commerce

                                    U.S. Chamber comments on construction of pipelines using domestic steel and iron (4/6/17)

                                    Air Regulations Methane ICR (Existing Sources)
                                    • 3/2/2017

                                      EPA withdraws 2016 information collection request (ICR) pertaining to methane emissions from existing oil and gas operations.

                                      Letter from governors and attorneys general to EPA requesting withdrawal of ICR.

                                      Water Regulations / Fracking Stream Buffer Rule
                                      • 2/16/2017

                                        Public Law 115-5 seeks to repeal regulations created by the Department of Interior restricting permitting new and existing mining operations.

                                      Potus, Interior

                                        Energy Institute Praises Repeal of Job-Killing Midnight Energy Regulation.

                                        Coalition letter supporting CRA disapproval resolution.

                                        Energy Financial / Royalties Extractive Industries Payment Disclosure
                                        • 2/14/2017

                                          Public Law 115-4 using Congressional Review Act authority to repeal Securities and Exchange Commission regulations mandating public disclosure of reports of energy company finances and operations. 

                                        Potus, SEC

                                          Key vote letter on extractive industries rule

                                          Statement on legal victory in SEC “Extractive Issuers Rule.”

                                          Topic
                                          Permitting / NEPA
                                          Issue/Reg
                                          Infrastructure Permitting
                                          Orders/Action
                                          • 9/14/2017

                                            Pursuant to Executive Order 13807, CEQ announces its plans to “guide federal agency efforts to expedite federal reviews while maintaining existing environmental protections." 

                                          • 8/15/2017

                                            President Trump signs Executive Order 13807, establishing a two-year goal to process environmental documents for major infrastructure projects.

                                          Most Recent Action
                                          Agency
                                          Potus, OMB, CEQ
                                          Litigation (if any)
                                            Notes/Info/Chamber Statements
                                            Topic
                                            Other
                                            Issue/Reg
                                            Mining Regulations
                                            Orders/Action
                                            • 9/12/2017

                                              Mine Safety and Health Administration (MSHA) announces delay of mine inspection rule implementation until March 2, 2018.

                                            Most Recent Action
                                            Agency
                                            DOL
                                            Litigation (if any)
                                              Notes/Info/Chamber Statements
                                              Topic
                                              Land Management / Leasing
                                              Issue/Reg
                                              Oil and Gas Leasing
                                              Orders/Action
                                              • 8/16/2017

                                                BOEM announces results of Gulf of Mexico lease sale 249, totaling $121 million in bids for 90 tracts covering 508,000 acres. 

                                              • 7/14/2017

                                                The Bureau of Ocean Energy Management (BOEM) announces auction for offshore oil and gas leases in the Gulf of Mexico for August 16th (lease sale 249).

                                              Most Recent Action
                                              Agency
                                              Interior
                                              Litigation (if any)
                                                Notes/Info/Chamber Statements
                                                Topic
                                                Energy Infrastructure
                                                Issue/Reg
                                                Energy Infrastructure
                                                Orders/Action
                                                • 7/19/2017

                                                  Executive Order 13805 establishes Infrastructure Advisory Council within Department of Commerce to report on “funding, support, and delivery of infrastructure projects in several sectors including renewable energy, electricity transmission, and pipelines.”

                                                Most Recent Action
                                                Agency
                                                Potus, Commerce
                                                Litigation (if any)
                                                  Notes/Info/Chamber Statements
                                                  Topic
                                                  Energy Financial / Royalties
                                                  Issue/Reg
                                                  Multilateral Development Banks (MDBs)
                                                  Orders/Action
                                                  • 7/17/2017

                                                    Department of Treasury modifies Obama Administration guidance prohibiting U.S. support for financing construction of coal plants internationally through MDBs, committing to “help countries access and use fossil fuels more cleanly and efficiently.”

                                                  Most Recent Action
                                                  Agency
                                                  Treasury
                                                  Litigation (if any)
                                                    Notes/Info/Chamber Statements
                                                    Topic
                                                    Land Management / Leasing
                                                    Issue/Reg
                                                    Oil and Gas Leasing
                                                    Orders/Action
                                                    • 7/6/2017

                                                      Bureau of Ocean Energy Management (BOEM) reduces royalty rates to incentivize investment in Outer Continental Shelf lease sales.

                                                    Most Recent Action
                                                    Agency
                                                    Interior
                                                    Litigation (if any)
                                                      Notes/Info/Chamber Statements
                                                      Topic
                                                      Land Management / Leasing
                                                      Issue/Reg
                                                      Oil and Gas Leasing
                                                      Orders/Action
                                                      • 7/6/2017

                                                        Secretary Zinke signs order directing BLM to conduct quarterly lease sales to address permitting backlogs. 

                                                      Most Recent Action
                                                      Agency
                                                      Interior
                                                      Litigation (if any)
                                                        Notes/Info/Chamber Statements

                                                        Global Energy Institute statement on Zinke lease sale directive. 

                                                        Topic
                                                        Land Management / Leasing
                                                        Issue/Reg
                                                        Oil and Gas Leasing
                                                        Orders/Action
                                                        • 6/26/2017

                                                          The National Oceanic and Atmospheric Administration (NOAA) opens public comment period associated with its review of National Marine Sanctuaries and Monument expansions in response to Executive Order 13795 (America-First Offshore Energy Strategy). 

                                                        Most Recent Action
                                                        Agency
                                                        Commerce
                                                        Litigation (if any)
                                                          Notes/Info/Chamber Statements
                                                          Topic
                                                          Land Management / Leasing
                                                          Issue/Reg
                                                          Monuments
                                                          Orders/Action
                                                          • 5/11/2017

                                                            Department of Interior requests comment on its review of National Monuments in response to Executive Order 13792.

                                                          • 4/26/2017

                                                            Executive Order 13792 directing Dept. of Interior to review and recommend changes to overly expansive or inappropriate public lands designations made under the Antiquities Act of 1906.

                                                          Most Recent Action
                                                          Agency
                                                          Potus, Interior
                                                          Litigation (if any)
                                                            Notes/Info/Chamber Statements
                                                            Topic
                                                            General / Energy Development
                                                            Issue/Reg
                                                            Energy Independence
                                                            Orders/Action
                                                            Most Recent Action
                                                            Agency
                                                            Litigation (if any)
                                                              Notes/Info/Chamber Statements

                                                              Draft final agency recommendations due to OMB in 120 days (July 26th, 2017).

                                                              Final report due in 180 days (September 24th, 201)

                                                              Topic
                                                              General / Energy Development
                                                              Issue/Reg
                                                              Offshore energy
                                                              Orders/Action
                                                              • 4/28/2017

                                                                Executive Order 13795 Implementing an America-First Offshore Energy Strategy. Revokes Obama Administration restrictions on offshore energy production and directs Department of Interior to review how and where the U.S. could expand development.

                                                              Most Recent Action
                                                              Agency
                                                              Potus, Interior
                                                              Litigation (if any)
                                                                Topic
                                                                Regulatory Reform
                                                                Issue/Reg
                                                                Regulatory Reform
                                                                Orders/Action
                                                                • 4/13/2017

                                                                  EPA published notice seeking public comment targeting regulations that are suitable for repeal, replacement or modification. The notice is to help implement EO 13777.

                                                                • 2/24/2017

                                                                  Executive Order 13777 creating regulatory reform officers at each federal agency tasked with identifying outdated and overly burdensome regulations that warrant revision or repeal.

                                                                Most Recent Action
                                                                Agency
                                                                Potus, OMB
                                                                Litigation (if any)
                                                                  Topic
                                                                  General / Energy Development
                                                                  Issue/Reg
                                                                  Energy Independence
                                                                  Orders/Action
                                                                  • 3/29/2017

                                                                    Secretary Zinke signs Secretarial Order 3349, directing Department of Interior reviews of numerous regulations and policies impacting energy development.

                                                                  Most Recent Action
                                                                  Agency
                                                                  Interior
                                                                  Litigation (if any)
                                                                    Notes/Info/Chamber Statements
                                                                    Topic
                                                                    General / Energy Development
                                                                    Issue/Reg
                                                                    Energy Independence
                                                                    Orders/Action
                                                                    • 3/28/2017

                                                                      Comprehensive Executive Order 13783 promoting energy security and independence. (individual provisions tracked separately)

                                                                    Most Recent Action
                                                                    Agency
                                                                    Potus, OMB
                                                                    Litigation (if any)
                                                                      Notes/Info/Chamber Statements

                                                                      Chamber President Tom Donohue Praises President Trump’s commitment to making regulatory relief and energy security a top priority

                                                                      Topic
                                                                      Air Regulations
                                                                      Issue/Reg
                                                                      Social Cost of Carbon
                                                                      Orders/Action
                                                                      • 3/28/2017

                                                                        Section 5 of Executive Order 13783 disbands the Interagency Working Group on the Social Cost of Carbon and rescinds use of its guidance and support documents.

                                                                      Most Recent Action
                                                                      Agency
                                                                      Potus, OMB
                                                                      Litigation (if any)
                                                                        Notes/Info/Chamber Statements
                                                                        Topic
                                                                        Land Management / Leasing
                                                                        Issue/Reg
                                                                        Resource Management Planning
                                                                        Orders/Action
                                                                        • 3/27/2017

                                                                          Public Law 115-12, repealing, via the Congressional Review Act, Department of Interior regulations regarding land use planning on public lands.

                                                                        Most Recent Action
                                                                        Agency
                                                                        Interior
                                                                        Litigation (if any)
                                                                          Topic
                                                                          Permitting / NEPA
                                                                          Issue/Reg
                                                                          Pipelines
                                                                          Orders/Action
                                                                          • 3/16/2017

                                                                            Commerce Department solicits comment on domestic sourcing for pipeline materials.

                                                                            (Comment docket)

                                                                             

                                                                             

                                                                          • 1/24/2017

                                                                            Presidential Memorandum directing the Secretary of Commerce to develop a plan to maximize domestic sourcing of materials for pipeline construction.

                                                                          Most Recent Action
                                                                          Agency
                                                                          Potus, Commerce
                                                                          Litigation (if any)
                                                                            Notes/Info/Chamber Statements

                                                                            U.S. Chamber comments on construction of pipelines using domestic steel and iron (4/6/17)

                                                                            Topic
                                                                            Air Regulations
                                                                            Issue/Reg
                                                                            Methane ICR (Existing Sources)
                                                                            Orders/Action
                                                                            • 3/2/2017

                                                                              EPA withdraws 2016 information collection request (ICR) pertaining to methane emissions from existing oil and gas operations.

                                                                            Most Recent Action
                                                                            Agency
                                                                            Litigation (if any)
                                                                              Notes/Info/Chamber Statements

                                                                              Letter from governors and attorneys general to EPA requesting withdrawal of ICR.

                                                                              Topic
                                                                              Water Regulations / Fracking
                                                                              Issue/Reg
                                                                              Stream Buffer Rule
                                                                              Orders/Action
                                                                              • 2/16/2017

                                                                                Public Law 115-5 seeks to repeal regulations created by the Department of Interior restricting permitting new and existing mining operations.

                                                                              Most Recent Action
                                                                              Agency
                                                                              Potus, Interior
                                                                              Litigation (if any)
                                                                                Topic
                                                                                Energy Financial / Royalties
                                                                                Issue/Reg
                                                                                Extractive Industries Payment Disclosure
                                                                                Orders/Action
                                                                                • 2/14/2017

                                                                                  Public Law 115-4 using Congressional Review Act authority to repeal Securities and Exchange Commission regulations mandating public disclosure of reports of energy company finances and operations. 

                                                                                Most Recent Action
                                                                                Agency
                                                                                Potus, SEC
                                                                                Litigation (if any)