Description: Challenge to technical amendments based on reconsideration of the 2016 new source performance standards for the oil and gas sector.
Environmental Defense Fund v. Nishida
Filing Date Type File Action Taken Summary 06/16/2022 Status Report Download EPA filed status report recommending cases continue to be held in abeyance pending completion of review of challenged rulemaking. 02/16/2022 Status Report Download EPA filed status report recommending cases continue to be held in abeyance pending completion of review of challenged rulemaking. 10/19/2021 Status Report Download Status report filed by EPA. 02/19/2021 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. 02/19/2021 Order Download Western Energy Alliance motion for leave to intervene granted. 02/05/2021 Motion Download Motion filed by EPA to hold cases in abeyance pending implementation of executive order and conclusion of potential reconsideration. EPA asked the court to hold these cases in abeyance pending review of the rule. The challenged rule—“Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Reconsideration”—is one of the rules included on the non-exclusive list of rules identified by the Biden administration for review under the Executive Order on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis. 01/19/2021 Motion Download Unopposed motion filed by Western Energy Alliance for leave to intervene as respondent out of time. Western Energy Alliance moved for leave to intervene as a respondent outside the time provided for in the Federal Rules of Appellate Procedure. 01/15/2021 Order Download Motion for partial stay pending review denied. D.C. Circuit Declined to Stay EPA’s Amendments to Leak Detection and Repair Standards for Oil and Gas Sector. On January 15, 2021, the D.C. Circuit Court of Appeals denied a motion for partial stay pending review of EPA’s amendment of leak detection and repair standards for the oil and gas sector. Judge Pillard would have granted the motion. 11/20/2020 Order Download Motions for leave to intervene granted. 11/18/2020 Notice Download Notice to join motion for partial stay filed by state and municipal petitioners. 11/13/2020 Motion Download Motion for partial stay pending review filed by petitioners. Petitioners Sought Stay of EPA’s Relaxation of Leak Detection and Repair Requirements for Oil and Gas Sector. Petitioners challenging EPA’s amendment of leak detection and repair standards in the oil and gas sector asked the D.C. Circuit to stay portions of the amendments, which were scheduled to take effect on November 16. The petitioners asked the court to stay (1) a reduction in leak monitoring frequency for compressor stations and (2) an exemption from leak mitigation requirements for low production wells. Responses to the motion are due December 11. 09/15/2020 Petition for Review Download Petition for review filed. Environmental groups who challenged EPA amendments to the 2012 and 2016 new source performance standards (NSPS) for the oil and gas sector 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.
Environmental Law & Policy Center v. Wheeler
Filing Date Type File Action Taken Summary 09/15/2020 Petition for Review Download Petition for review filed.
California v. Wheeler