Description: Action to compel EPA to promulgate emission guidelines for methane from existing sources in the oil and gas sector.
New York v. EPA
Filing Date Type File Action Taken Summary 10/28/2021 Status Report Download Joint status report filed. 07/28/2021 Status Report Download Joint status report filed. After President Biden signed a joint resolution under the Congressional Review Act that disapproved the Trump administration's rule repealing significant portions of the new source performance standards for the oil and gas sectors, the federal district court for the District of Columbia accepted the parties’ proposal that the parties submit a joint status report regarding how they wished to proceed after EPA issued a proposed rule for the emission guidelines. 07/07/2021 Notice Download Notice regarding outcome of Congressional Review Act proceedings filed by defendants. 04/12/2021 Order Defendants ordered to file a notice regarding the outcome of Congressional Review Act proceedings within seven days of their conclusion, and parties directed to file a joint status report by the later of June 9, 2021 or 21 days following the defendants' notice. 04/08/2021 Status Report Download Joint status report filed. 02/12/2021 Order Download Motions for summary judgment and motion to dismiss denied without prejudice. In a lawsuit seeking to compel EPA to establish methane emissions guidelines for existing oil and natural gas sources, the federal district court for the District of Columbia denied pending motions to dismiss and for summary judgment without prejudice and directed the parties to file a joint status report by April 9 advising on how they wish to proceed. The Trump administration sought to dismiss the lawsuit after EPA withdrew methane standards for new and modified sources in August 2020—a rule now under review by the Biden-Harris administration. 02/08/2021 Response Download Response filed by plaintiffs to notice of “Executive Order on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis." 11/24/2020 Motion to Dismiss Download Motion to dismiss action as moot filed by defendants. EPA Asked District Court to Dismiss Lawsuit Seeking Regulation of Methane from Existing Oil and Gas Sources. EPA asked the federal district court for the District of Columbia to dismiss as moot a lawsuit brought in 2018 by New York, other states, Chicago, and Washington, D.C. to compel EPA to issue guidelines for regulation of methane emissions from existing sources in the oil and natural gas sector. EPA contended that it no longer had authority or a duty to issue such guidelines because it had rescinded new source performance standards for methane emissions from the sector. EPA’s rescission of the methane standards for new sources has been challenged in the D.C. Circuit. 11/09/2020 Status Report Download Joint status report filed. 09/14/2020 Notice Download Notice of publication of final rule filed by defendants. 08/17/2020 Status Report Download Status report filed by defendants. 08/14/2020 Motion for Summary Judgment Download Defendants filed cross-motion for summary judgment and opposition to plaintiffs' motion for summary judgment. EPA Sought Dismissal of Lawsuit Alleging Unreasonable Delay in Issuance of Methane Guidelines for Oil and Gas Sector. After EPA issued a final rule rescinding methane new source performance standards (NSPS) for the oil and natural gas sector, EPA sought the dismissal of a lawsuit seeking to compel it to issue guidelines for the regulation of methane emissions for existing sources in the sector. EPA argued that the case was prudentially moot because EPA no longer had the authority or duty to issue the guidelines. EPA further argued that it had not unreasonably delayed preparation of the methane guidelines because EPA had been conducting a review of the NSPS pursuant to President Trump’s Executive Order 13783 and knew that development of the guidelines for existing sources would likely have been futile prior to completion of that review. 07/15/2020 Status Report Download Status report filed by defendants. 02/26/2020 Letter Download Letter filed by New York regarding discovery dispute. 10/18/2019 Opposition Download Opposition filed by plaintiffs to defendants' motion to stay pending conclusion of rulemaking. 07/31/2018 Answer Download Omnibus response filed by defendants to original complaint and intervenor's complaint. 05/30/2018 Complaint Download Complaint filed by intervenor Environmental Defense Fund. 05/25/2018 Motion to Intervene Download Motion to intervene as plaintiff filed by Environmental Defense Fund. 04/05/2018 Complaint Download Complaint filed. States, D.C., and Chicago Filed Lawsuit to Compel EPA to Regulate Methane from Existing Oil and Gas Sources. New York, 13 other states, the City of Chicago, and the District of Columbia filed an action in federal district court in the District of Columbia alleging that the U.S. Environmental Protection Agency (EPA) had failed to comply with its nondiscretionary duty under the Clean Air Act to establish guidelines for limiting methane emissions from existing sources in the oil and natural gas sector. The plaintiffs asserted that EPA’s failure to publish such guidelines constituted agency action unreasonably delayed and asked the court to order EPA to propose and promulgate emissions guidelines.
Clean Air Act Notice of Intent to Sue for Failure to Establish Guidelines for Standards of Performance for Methane Emissions from Existing Oil and Gas Operations
Filing Date Type File Action Taken Summary 06/29/2017 Notice of Intent to Sue Download Notice of intent to sue sent to EPA. States, D.C., Chicago Threatened Lawsuit Against EPA for Failing to Regulate Methane from Existing Oil and Gas Sources. On June 29, 2017, 14 states, the District of Columbia, the City of Chicago, and the California Air Resources Board sent a notice of intent to sue under the Clean Air Act to EPA for failing to establish guidelines limiting methane emissions from existing sources in the oil and natural gas sector. They contended that EPA’s promulgation of methane standards for new oil and gas sources pursuant to Section 111(b) of the Clean Air Act triggered a mandatory duty to issue guidelines for existing sources under Section 111(d). They noted that EPA had taken an initial step towards developing such guidelines by issuing an information collection request (ICR) in November 2016. The ICR sought information on the types of equipment at production facilities as well as information on sources of methane emissions at oil and gas facilities and emissions control devices or practices in place at such facilities. On March 2, 2017, EPA withdrew the ICR. The states and other parties asked EPA to reconsider the withdrawal of the ICR and reissue it or to otherwise explain how it would fulfill its legal obligation to address methane pollution.