Description: Challenge to EPA amendments to the 2012 and 2016 new source performance standards for the oil and gas sector.
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California v. Regan
Case Documents:
Filing Date Type File Action Taken Summary 07/29/2021 Motion to Dismiss Download Motion filed by all petitioners for voluntary dismissal. After Congressional Review Act Disapproval, Petitioners Sought Voluntary Dismissal of Challenges to Trump EPA Amendments to Oil and Gas New Source Standards. Petitioners challenging the September 2020 EPA rule that repealed significant portions of the new source performance standards (NSPS) for the oil and natural gas sector moved for voluntary dismissal of their petitions for review in the D.C. Circuit after President Biden signed a joint resolution under the Congressional Review Act disapproving the September 2020 rule. The rule removed sources in the transmission and storage segment from the source category, rescinded the NSPS applicable to such sources, and also rescinded methane-specific requirements applicable to production and processing sources. The final rule also adopted an interpretation of Clean Air Act Section 111 that required, as a predicate to establishing NSPS, a determination by EPA that a pollutant causes or contributes significantly to dangerous air pollution. 07/01/2021 Notice Download Notice of congressional action filed by respondents. 06/14/2021 Status Report Download Status report filed by EPA. EPA Requested Continuation of Abeyance in Case Challenging Repeal of Oil and Gas Sector Regulations. On June 14, 2021, EPA filed a status report in the case challenging the 2020 rule that repealed portions of EPA’s Clean Air Act regulations for emissions from the oil and gas sector. EPA reported on actions it had taken in its review of the 2020 rule, including opening a public docket, holding training sessions on the rulemaking process, and scheduling listening sessions for June 15-17. EPA said it also was monitoring congressional action on S.J. Res. 14, which would disapprove the 2020 rule under the Congressional Review Act. EPA reported that the Senate passed S.J. Res. 14 on April 28, and that the House Committee on Energy and Commerce approved it on June 10. EPA said it would notify the court if the resolution was signed into law since it would have the effect of terminating EPA’s administrative reconsideration of the rule. In light of these developments, EPA requested that the case continue to be held in abeyance. The House of Representatives subsequently passed the resolution on June 25, and President Biden signed it on June 30. 02/12/2021 Order Download Abeyance motion granted. The D.C. Circuit granted EPA’s motions to hold in abeyance cases that challenged EPA’s amendments to emission standards for new, reconstructed, and modified sources in the oil and gas sector while EPA conducts its review pursuant to Executive Order 13990. There are two rules under review in two sets of cases. Both sets of cases are held in abeyance pending further order of the court. 02/01/2021 Motion Download Motion to hold cases in abeyance filed by respondents. EPA Sought to Suspend Lawsuit Challenging Amendments to Air Standards for New Sources in Oil and Gas Sector. On February 1, EPA moved to hold the cases in abeyance pending review of the rule pursuant to President Biden’s Executive Order on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis. 01/15/2021 Brief Download Initial brief filed by respondents. On January 15, 2021, EPA filed a brief in defense of its amendments of the new source performance standards for the oil and gas sector. EPA argued that it acted reasonably when it removed transmission and storage sources from the source category and that it also was reasonable to rescind methane standards for oil and gas production and processing sources. On the issue of the rescission of the methane controls, EPA argued that the 2016 methane standards were invalid because they were not supported by a valid “significant contribution finding.” 10/27/2020 Order Download Motions for stay and motion for summary vacatur denied; administrative stay dissolved. D.C. Circuit Allowed EPA Amendments to Emission Standards for Oil and Gas Sector to Take Effect. On October 27, 2020, the D.C. Circuit denied emergency motions for a stay preventing the U.S. Environmental Protection Agency’s amendments to the 2012 and 2016 new source performance standards for the oil and gas sector from taking effect. The court said the petitioners—20 states, three cities, and 10 environmental groups—had not satisfied the “stringent requirements for a stay pending court review.” Judge Judith W. Rogers would have granted the motions for stay. The court’s order also dissolved the administrative stay that had been in place since September 17, denied the environmental groups’ motion for summary vacatur (because the “merits of the parties’ positions are not so clear as to warrant summary action”), granted motions to intervene, and established a briefing schedule, with the petitioners’ briefs due on December 7, 2020 and briefing completed on February 10, 2021. 10/14/2020 Motion to Intervene Download Motion for leave to intervene in support of respondents filed by State of North Dakota. 10/14/2020 Motion to Intervene Download Motion for leave to intervene as respondents filed by Additional Independent Producers. 10/14/2020 Statement of Issues Download Non-binding statement of issues filed by State Petitioners. 10/07/2020 Order Download Motions for leave to intervene granted. 10/05/2020 Reply Download Reply filed by petitioners Environmental Defense Fund et al. in support of emergency motion for stay pending review; motion for summary vacatur. 10/05/2020 Reply Download Reply filed in support of State Petitioners' emergency motion for stay or expedited consideration. 09/28/2020 Motion to Intervene Download Motion for leave to intervene as respondent filed by Independent Producers. 09/28/2020 Opposition Download Opposition filed by movant intervenor-respondents to emergency motions for stay pending review, motion for expedited briefing, and motion for summary vacatur. 09/28/2020 Opposition Download Combined opposition filed to emergency motions for stay pending review and motion for summary vacatur. 09/25/2020 Motion to Intervene Download Motion for leave to intervene as respondent filed by American Petroleum Institute. 09/25/2020 Motion to Intervene Download Motion for leave to intervene on behalf of respondents filed by GPA Midstream. 09/25/2020 Motion to Intervene Download Motion for leave to intervene in support of respondents filed by Western Energy Alliance. 09/18/2020 Motion Download Emergency motion for stay pending review and motion for expedited review filed. 09/14/2020 Petition for Review Download Petition for review filed. Twenty states, along with Chicago, Denver, and the District of Columbia, filed a petition for review in the D.C. Circuit Court of Appeals challenging the U.S. Environmental Protection Agency's amendments to the 2012 and 2016 new source performance standards (NSPS) for the oil and gas sector. The amendments—which were effective upon their publication in the Federal Register—removed transmission and storage sources from the oil and natural gas source category, rescinded the NSPS for such sources for both volatile organic compounds and methane, and separately rescinded methane requirements for production and processing sources. -
Environmental Defense Fund v. Wheeler
Case Documents:
Filing Date Type File Action Taken Summary 09/17/2020 Order Download Final action administratively stayed pending further order of court. Effective Date Administratively Stayed for EPA Amendments to Oil and Gas Standards. On September 17, 2020, the D.C. Circuit Court of Appeals administratively stayed U.S. Environmental Protection Agency (EPA) amendments to the 2012 and 2016 new source performance standards (NSPS) for the oil and gas sector. The amendments—which were effective upon their publication in the Federal Register—removed transmission and storage sources from the oil and natural gas source category, rescinded the NSPS for such sources for both volatile organic compounds and methane, and separately rescinded methane requirements for production and processing sources. The amendments were challenged in a petition filed by 20 states, along with Chicago, Denver, and the District of Columbia, and in a second petition filed by 10 environmental groups. The D.C. Circuit issued the administrative stay to allow the court “sufficient opportunity” to consider an emergency motion for stay filed by the environmental groups. After the amendments were stayed, the state and city petitioners filed their own emergency motion. The environmental groups also filed a separate petition challenging amendments to the NSPS resulting from EPA’s reconsideration of fugitive emissions requirements, well site pneumatic pump standards, requirements for certification of closed vent systems, and provisions to apply for use of an alternative means of emission limitation. 09/15/2020 Motion Download Emergency motion for stay pending review and motion for summary vacatur filed. 09/14/2020 Petition for Review Download Petition for review filed. -
Environmental Law & Policy Center v. Wheeler
Case Documents:
Filing Date Type File Action Taken Summary 09/15/2020 Petition for Review Download Petition for review filed.