TRUMP ADMINISTRATION RESPONSE TO KEY OBAMA ENVIRONMENTAL RULES BEING CHALLENGED IN COURT. September 18, 2017

Transcription

1 TRUMP ADMINISTRATION RESPONSE TO KEY OBAMA ENVIRONMENTAL RULES BEING CHALLENGED IN COURT September 18, 2017

2 API v. EPA, (D.C. Cir.) Case remains in abeyance. 5/18/17 Case held in abeyance. 7/21/17 Status reports indicates agency review ongoing. EPA Methane Rule for New Oil and Gas Operations BLM Rule on Hydraulic Fracturing on Federal and Indian Lands BLM Rule to Regulate Venting and Flaring on Federal and Indian lands Clean Air Council v. Pruitt, (D.C. Cir.) 6/13/17 EPA proposed to stay req ts 2 add l years. 8/10/17 Petitions for rehearing en banc denied. Wyoming, et. al v. Zinke, et. al, (10th Cir.) 3/15/17 Abeyance motion filed by BLM 5/5/17 BLM reiterated abeyance request 7/24/17 BLM proposed rescinding rule in its entirety. Wyoming v. DOI, No. 2:16-cv SWS (D. Wyo.) 6/15/17 BLM postponed indefinitely compliance dates for certain sections of rule. 6/27/17 Order extending briefing schedule. Awaiting further action following denial of motions for rehearing en banc. Motion fully briefed. Oral argument was 7/27. Awaiting court decision. Federal respondents status report was due 9/1; briefing through 11/22. California, et al. v. BLM, No. 3:17-cv (N.D. Cal.) Oral argument set for 9/25. 7/27/17 CBD, et al. filed motion for SJ. BLM Land-Use Rule 3/27/17 Repealed by CRA resolution None. 2

3 ICR on Methane Emissions National Wildlife Refuges Rule Clean Power Plan NSPS for CO2 from New Power Plants 2015 Ozone NAAQS (70 ppb) 3/2/17 Withdrawn by EPA None. 4/3/17 Repealed by CRA resolution CBD v. Zinke, No. 3:17-cv JWS (D. Alaska) 4/20/17 CBD filed complaint challenging CRA repeal. 6/26/17 DOI filed motion to dismiss (denied on 8/31). West Virginia v. EPA, (D.C. Cir.) 4/28/17 Case held in abeyance (ongoing). 6/8/17 EPA sent OMB proposed rule regarding rollback. 8/2/17 EPA announced inside the fence CPP replacement instead of repeal. 9/7/17 EPA pledged to release a CPP proposed rule in Fall North Dakota v. EPA, (D.C. Cir.) 3/28/17 Abeyance motion filed by EPA (granted, and ongoing). 4/28/17 Case held in abeyance to 6/27, supp briefing ordered. Murray Energy Corp. v. EPA, No (D.C. Cir.) 4/11/17 Oral argument postponed and case placed in abeyance. 7/12/17 New petition: Am. Lung Ass n v. EPA, (D.C. Cir.) 7/18/17 House passed bill to delay implementation of 2015 stds. until Court proceedings ongoing in D. Alaska. EPA to provide status reports at 30-day intervals beginning 30 days from 8/8. Awaiting action from OMB. EPA to provide status reports at 90-day intervals beginning 10/27/17. EPA must file status reports every 90 days; parties to file motions to govern w/n 30 days of EPA decision. 3

4 Electric Generating Unit Effluent Limitation Guidelines (EGU ELGs) for Coal-fired Power Plants Moratorium on New Coal Leases EPA SIP Call on Startup, Shutdown, and Malfunction (SSM) MATS Supplemental Finding 4 Southwestern Elec. v. EPA, (5 th Cir.) 6/6/17 EPA proposed to postpone compliance dates. 8/22/17 Mot to sever and hold in abeyance aspects of 2015 Rule granted. Clean Water Action v. EPA, 17-cv (D.D.C.) 6/26/17 Order denying EPA s MTD and setting briefing schedule. 8/4/17 UWAG MTD and UWAG cross-motion for SJ denied w/o prejudice. 8/8/17 UWAG re-filed MTD and cross-motion for SJ; filed mot to transfer case. Awaiting further action, if any, following 9/12 final rule postponing compliance dates. Awaiting court disposition of UWAG re-filed MTD, cross-motion for SJ, and mot to transfer case. NOTE: 9/12/17 EPA issued rule staying compliance with 2015 Rule deadlines compliance dates stayed. 3/28/17 Revoked by Executive Order. Joint Discovery Plan due 9/21. Citizens for Clean Energy v. DOI, 4:17-cv (D. Montana) 3/29/17 Citizens for Clean Energy filed complaint to Challenge Revocation. Envtl. Comm., et al. v. EPA, (D.C. Cir.) 4/24/17 Removed from oral argument, placed in abeyance. 7/24/17 EPA still considering whether to reconsider. Murray Energy Corp. v. EPA, (D.C. Cir.) 4/18/17 Abeyance motion filed by EPA (later granted). 7/26/17 EPA review ongoing. EPA must file status reports every 90 days; parties to file motions to govern within 30 days of EPA decision on the rule. Awaiting EPA completion of review of April 2016 Supp l Finding to determine whether to maintain, modify, or reconsider rule.

5 CSAPR Update CCR Rule (Coal Ash Rule) Regional Haze Rule Arkansas Regional Haze FIP Wisconsin v. EPA, (D.C. Cir.) 5/15/17 Order setting briefing schedule. 9/6/17 Per curiam order denying motion to extend briefing schedule and motion to sever. Util. Solid Waste Activities Group v. EPA, (D.C. Cir.) 5/15/17 USWAG petition to reconsider portions of rule. 8/3/17 Oral argument set for 10/17. 9/13/17 EPA granted recon of portions of CCR Rule. Texas v. EPA, (D.C. Cir.) 5/19/17 EPA mot to extend briefing format deadline granted. 8/10/17 Motion for extension granted. State of Arkansas v. EPA, (8th Cir.) 4/25/17 EPA stayed effectiveness for 90 days. 7/31/17 Order continuing to hold in abeyance until 9/26/17. Stream Protection Rule 2/16/17 Repealed by CRA resolution. None. Petitioner briefs due 9/18/17; EPA s brief due 12/18/17; Resp- Intervenor briefs due 1/17/18; reply briefs due 2/16/18. Oral argument set for 10/17. EPA s 9/13 letter regarding reconsideration stated EPA plans to respond before 9/18 to requests for abeyance. Proposed formats for briefing due 9/22. New effective date expected to be 1/25/18 (old effective date was 10/27/17). 5

6 Waters of the United States (WOTUS) Reconsideration of MATS and Utility NSPS Nat l Ass n of Manufacturers v. DOD, (SCOTUS) 2/28/17 E.O. directs EPA and USACE to rescind and revise. 6/27/17 EPA released a pre-pub proposal. 7/27/17 EPA and USACE published proposed WOTUS rule. ARIPPA v. EPA, (D.C. Cir.) 4/27/17 Removed from oral argument, placed in abeyance. 7/26/17 EPA status report indicates agency review ongoing NAAQS SIPs S. Coast Air Quality Management Dist. v. EPA, (D.C. Cir.) 9/14/17 Oral argument held. Regional Haze FIPs for TX Texas v. EPA, (5th Cir.) and OK 3/22/17 EPA motion to remand for reconsideration granted. Comments on proposed rule were due 8/28. Oral argument set for 10/11. EPA to file status reports at 90- day intervals and parties to file motions to govern within 30 days of EPA notice. Awaiting court decision. EPA s recon of the rule ongoing. No EPA plans to publish NOPR until on/after 9/9. 6

7 CAA Risk Management Programs Cooling Water Intake Requirements Truck GHG Emissions Standards ACC v. EPA, (D.C. Cir.) 4/3/17 Case held in abeyance until 6/19/17. 6/19/17 Pet. status report argues case should remain in abeyance. Air Alliance Houston v. EPA, (D.C. Cir.). 6/15/17 Challenge to stay filed in D.C. Cir. 7/24/17 Petitioners and pet-intervenors motion for stay denied. 8/30/17 Order denying mot to stay, mot for SJ, and mot for add l time for briefing; granting mot for expedition and consolidating. Cooling Water Intake Structure Coalition v. EPA, (2d Cir.) 9/14/17 Oral argument held. Truck Trailer Manufacturers v. EPA, (D.C. Cir.) 5/8/17 Case held in abeyance for 90 days. 8/21/17 Cases remain in abeyance indefinitely. On 6/9, EPA signed rule delaying effective date until 2/19/19. Awaiting EPA response to 6/19 petitioner status report. Within 14 days of 8/30 order, parties must submit proposed briefing formats and schedules. Parties responded 9/13. Waiting for court to finalize briefing formats/ schedules. Awaiting court decision. Case in abeyance. 7

8 CONTACTS JEFF HOLMSTEAD BRITTANY PEMBERTON RYAN ELETTO T E X A S N E W Y O R K W A S H I N G T O N, D C C O N N E C T I C U T S E A T T L E D U B A I L O N D O N b r a c e w e l l. c o m

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