The Environmental Protection Agency (EPA) has taken final action to revoke California’s authority to set its own vehicle emissions standards that are more climate-protective than federal requirements.  The EPA’s mandate to set emission standards for new motor vehicles under the Clean Air Act generally preempts states’ ability to establish such standards.  However, California can seek… read more

The Department of Energy (DOE) finalized its repeal of regulations issued in 2017 that would have expanded the number of light bulbs subject to energy efficiency standards to encompass additional types of bulbs–including candle- and globe-shaped bulbs, candelabra-based bulbs, and reflector bulbs used in ceiling fixtures or track lighting.

The Department of Energy (DOE) issued a notice of proposed determination that prevent energy efficiency standards, which were slated to take effect in 2020, from applying to “a-lamps” the “classic” pear-shaped lightbulb.

EPA has submitted proposed revisions to its New Source Performance Standards (NSPS) for controlling methane and other emissions from the oil and natural gas sector that would remove regulations that limit greenhouse gas emissions

The U.S. Fish and Wildlife Service (FWS) and the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (NOAA Fisheries) jointly announced that they had finalized changes to its Endangered Species Act (ESA) regulations, including provisions that limit the extent to which climate change impacts can be relied upon as a basis for determining whether a species should be listed as a “threatened species” under the Act.

The Environmental Protection Agency (EPA) has proposed amending regulations on coal ash, the residue left after burning coal, which would remove restrictions on use of the ash exceeding 12,400 tons per site without an “environmental demonstration” showing there would be no added environmental risk.

The Department of Energy has a proposed rule to define a new product class under the Energy Policy and Conservation Act for residential dishwashers, thereby granting a petition for rulemaking from the Competitive Enterprise Institute (CEI) who argues that the new class is needed because current energy conservation standards have led to washing machines with long run-times resulting in customer dissatisfaction.

EPA issued the final Affordable Clean Energy (ACE) Rule, which repeals the Clean Power Plan and replaces it with significantly less stringent emission standards for existing power plants.

The United States Forest Service (USFS) proposed amending its National Environmental Policy Act (NEPA) regulations to change the way in which the agency evaluates the environmental effects of proposed actions on national forests which could facilitate the approval of projects that contribute to climate change.

DOE issued a proposal which would make it easier for manufacturers of appliances subject to federal energy efficiency requirements to acquire a temporary exemption from federal test procedure requirements.

DOE issued a proposal to repeal regulations that expanded the number of light bulbs subject to energy efficiency standards.

EPA is proposing to increase the CO2 emission standard for new coal-fired power plants from 1,400 lbs per MWh to 1,900 lbs per MWh.

EPA proposed to postpone the deadline for state plans issued pursuant to the GHG emission guidelines for MSW landfills from May 30, 2017 to August 29, 2019.

EPA published proposed revisions to its New Source Performance Standards (NSPS) for controlling methane and other emissions from the oil and natural gas sector, which include significant changes to the leak detection and repair requirements for sources in this sector.

EPA issued a proposed rule to rescind the refrigerant leak repair provisions to HFCs, and requesting public comment on whether to rescind those provisions for other substitute refrigerants.

BLM published a final rule repealing key provisions of the Methane Waste Prevention Rule and re-instating earlier regulations.

USFS published an advance notice of proposed rulemaking (ANPR) in which it is seeking comment on how it should modify existing regulations to streamline and expedite the issuance of oil and gas permits on national forest lands.

EPA published a proposed rule to regulate CO2 from power plants which is far less stringent than the Clean Power Plan.

EPA and NHTSA issued a proposal to weaken the greenhouse gas emission and fuel economy standards for light-duty vehicles MY 2021-2026.

DOE revised its regulations to provide that the department will approve natural gas exports to countries which which the US has not entered into a free trade agreement provided that the export application meets two criteria: the export volume does not exceed 51.75 billion cubic feet per year, and the DOE approval does not require preparation of an EIS or EA.

FWS issued proposed changes to its Endangered Species Act (ESA) regulations which include provisions that would limit the extent to which FWS can rely on future climate change impacts as a basis for determining whether a species should be listed as a “threatened species” under the Act.

The Environmental Protection Agency (EPA) issued a proposed update to Renewable Fuel Standard Program for the years 2019 and 2020.

CEQ issued an Advance Notice of Proposed Rulemaking seeking public comments on potential revisions to update NEPA regulations. The deadline for comments is July 20, 2018.

EPA issued an advance notice of a proposed rulemaking to “clarify” the agency’s approach to cost-benefit analysis. The proposed rulemaking has implications for how EPA will weigh costs and benefits in future climate regulations.

The Federal Highway Administration repealed regulations establishing performance standards for state and regional highway projects. The regulations required, among other things, state and regional highway planners receiving federal funding to tally and report anticipated greenhouse gas emissions from vehicles traveling on their roads.

EPA issued a proposal which would restrict EPA, when issuing regulations, to relying only on scientific research for which the underlying data has been made available to the general public. Comments are due May 30, 2018.

EPA issued a Final Determination for its Mid-term Evaluation of Greenhouse Gas Emissions Standards for Model Year 2022-2025 Light-duty Vehicles in which it announced plans to revise the standards to make them less stringent.

The U.S. Environmental Protection Agency (EPA) published a notice announcing that it will not enforce a 2015 rule prohibiting the use of HFCs with high GWP as substitutes for ozone-depleting substances (which had been partially vacated by the D.C. Circuit) and announcing plans to initiate a new notice-and-comment rulemaking process to address the remand of the rule.

BLM published its proposed revisions to the 2016 Methane and Waste Prevention Rule. Comments on the proposal are due by April 23, 2018.

DOI proposed a new National Outer Continental Shelf Oil and Gas Leasing Program for 2019-2024, which would make over ninety-percent of the outer continental shelf available for oil and gas development.

EPA published an advance notice of proposed rulemaking (ANPRM) in which it announced that it is considering proposing a rule to replace the Clean Power Plan. Comments must be received on or before February 26, 2018.

HUD is withdrawing a proposed rule aimed at improving floodplain management and building standards in the context of climate change.

BLM published a final rule which postpones by one year many of the requirements of the 2016 Methane and Waste Prevention Rule.

The Environmental Protection Agency (EPA) has published a federal register notice announcing that it is extending the comment deadline for the proposed repeal of the Clean Power Plan by 32 days to January 16, 2018.

EPA published a notice of proposed rulemaking in which it proposed to repeal the Clean Power Plan.

BLM has issued a proposal to temporarily suspend or delay some of the key requirements of the Methane Waste Prevention Rule until Jan. 17, 2019. Comment deadline: Nov. 6, 2017.

FHWA is proposing to repeal requirements for tracking and reporting greenhouse gas (GHG) emissions from national highways. Comment deadline: November 6, 2017.

The Fall 2017 update to the Unified Agenda of Regulatory and Deregulatory Actions lists a variety of planned actions to rescind or revise regulations aimed at reducing greenhouse gas emissions.

EPA and NHTSA opened a public comment period on the reconsideration of the greenhouse gas (GHG) emissions standards for cars and light trucks for model years (MY) 2022-2025. EPA is also taking comment on whether the MY 2021 standards are appropriate. Public comments will be accepted for 45 days after this announcement is published in the Federal Register.

DOI repealed a Coal, Oil, and Gas Valuation Rule which was aimed at boosting revenue for taxpayers and states by changing how energy companies value sales of coal, oil, and gas extracted from federal and tribal land.

The National Highway Traffic Safety Administration (NHTSA) announced that it would prepare an environmental impact statement (EIS) to assess the potential environmental impacts of new Corporate Average Fuel Economy (CAFE) standards it is proposing to adopt for model year 2022-2025 passenger cars and light trucks. The NHTSA has initiated a “scoping process,” aimed at identifying… read more

The Trump Administration released its Unified Agenda of Regulatory and Deregulatory Actions. The Agenda, which was prepared by the Office of Information and Regulatory Affairs, identifies regulations proposed to be promulgated or revised by federal agencies in the short- and long-term. Regulations proposed for revision include: the Environmental Protection Agency’s carbon dioxide emissions standards for new fossil fuel… read more

NHTSA has delayed indefinitely the effective date of an Obama-era rule to increase penalties on automakers that don’t meet fuel efficiency standards, pending its reconsideration of the rule. NHTSA is accepting comments on the rule reconsideration through October 10, 2017.

The Fish and Wildlife Service (FWS) published a final notice in the federal register announcing its decision to remove the Yellowstone Grizzly from the list of endangered and threatened species under the Endangered Species Act, based in part on its determination that climate change does not pose an immediate or foreseeable threat to the population segment. 

NOAA has identified a proposed list of twelve National Marine Sanctuaries and National Marine Monuments that it intends to review pursuant to Executive Order 13795: Implementing an America-First Offshore Energy Strategy (April 28, 2017), which directs NOAA to identify marine protected areas that were designated or expanded in the past ten years and to report back on “the opportunity costs associated with potential energy and mineral exploration and production” in those areas. Comments on the proposed list and NOAA’s review will be accepted through July 26, 2017.

DOI is seeking public input on regulations that may be appropriate for repeal, replacement, or modification, consistent with President Trump’s Executive Order on Promoting Energy Independent and Economic Growth. DOI has stated that no deadline for the receipt of comments on this effort has been established at this time and that it will review comments on an ongoing basis.

EPA issued a proposal to stay for two years certain core requirements of the NSPS for the Oil and Gas Sector (which covers methane as well as VOCs). Comments on the proposed stay are due on July 17, 2017.

BLM issued a federal register notice announcing that it was postponing the compliance dates for certain provisions of the Methane Waste Prevention Rule (finalized on November 10, 2016), which aims to reduce waste of natural gas (methane) from oil and natural gas production activities on federal and tribal land.

EPA decided not to proceed with the development of methane emission guidelines for existing oil and gas sources.

EPA issued a notice stating that it is granting reconsideration of certain requirements in the in the New Source Performance Standards for the Oil and Gas Sector (which covers emission standards for methane as well as VOCs), specifically the well site pneumatic pumps standards and the requirements for certification by professional engineer.

On May 26, 2017, DOE published a notice confirming the adoption of the energy conservation standards for residential air conditioners and heat pumps. DOE noted that it had “determined that the comments received in response to that direct final rule do not provide a reasonable basis for withdrawing it.”

DOE published a notice in the Federal Register confirming that there will be no further delays in the implementation of the energy efficiency standards for ceiling fans and that the effective date of the energy efficiency standard for ceiling fans will be September 30, 2017.

The Environmental Protection Agency (EPA) announced a 90-day administrative stay of two rules that established methane emission standards for new and existing landfills, pending its reconsideration of the rules pursuant to EO 13783: Promoting Energy Independence and Economic Growth.

The Federal Highway Administration (FHWA) indefinitely delayed the effective date of a climate metric which would have required state and regional highway planners receiving federal funding to tally and report anticipated greenhouse gas emissions from vehicles traveling on their roads.

DOI announced that it is is conducting a review of certain National Monuments designated or expanded since 1996 under the Antiquities Act of 1906 in order to implement Executive Order 13792 on the Review of Designations Under the Antiquities Act (April 26, 2017).

In a letter dated April 18, 2017, EPA announced that it would convene a process for reconsidering the fugitive emission requirements at well sites and compressor station sites in the NSPS for the Oil and Gas Sector.

The Environmental Protection Agency (EPA) published a Federal Register notice seeking public input on regulations that may be appropriate for repeal, replacement, or modification. This input is intended to help inform EPA’s response to President Trump’s Executive Order on Promoting Energy Independence and Economic Growth. Comments will be accepted through May 15, 2017.

The Environmental Protection Agency (EPA) published a notice in the Federal Register announcing that it is reviewing and, if appropriate, will initiate proceedings to suspend, revise or rescind the Standards of Performance for Greenhouse Gas Emissions From New, Modified, and Reconstructed Electric Generating Units

The Environmental Protection Agency (EPA) published a notice in the Federal Register announcing that it is reviewing and, if appropriate, will initiate proceedings to suspend, revise or rescind the methane emission standards for new and modified oil and gas facilities.

EPA published a notice in the Federal Register announcing that it is reviewing and, if appropriate will initiate proceedings to suspend, revise or rescind the Clean Power Plan.

The Environmental Protection Agency (EPA) withdrew two proposed rules that would have supplemented the Clean Power Plan final rule and provided support for the development of state plans: (i) a rule establishing federal plans and model rules for implementing the GHG emission guidelines for existing power plants, and (ii) a rule concerning details of the Clean Energy Incentive Program (CEIP).

The Federal Highway Administration (FHA) has postponed the effective date of a rule establishing natural performance management standards for federal highway projects until . The rule requires local and state transportation planners to measure and account for the greenhouse gas emissions of highway projects that receive federal funding.

The Department of Energy (DOE) has announced the further postponement of five energy efficiency and conservation rules, including test procedures for walk-in coolers and freezers, central air conditioners and heat pumps, and compressors, and conservation standards for ceiling fans and construction standards for federal buildings.

The Environmental Protection Agency (EPA) and National Highway Traffic Safety Administration (NHTSA) announced their intention to reconsider the greenhouse gas emission standards for light duty vehicles model years 2022-2025. The decision reverses course from EPA’s January 2017 determination that no change in the standards was warranted.

The Environmental Protection Agency (EPA) announced that it has withdrawn a 2016 Information Collection Request (ICR) which directed existing oil and gas facilities and operators to provide data needed to help the agency determine how to best reduce methane and other harmful emissions from existing sources in the large and complex oil and natural gas industry.

The Federal Highway Administration (FHA) postponed the effective date of a rule establishing natural performance management standards for federal highway projects until March 21, 2017, in accordance with the regulatory freeze issued by the White House on January 21, 2017. The postponed rule requires local and state transportation planners to measure and account for the greenhouse gas emissions of highway projects that receive federal funding.

The Department of Energy (DOE) has postponed the effective date of five energy efficiency and conservation standards until March 21, consistent with a recent memorandum calling for a freeze of new and pending regulations. The postponed rules include test procedures for walk-in coolers and freezers, central air conditioners and heat pumps, and compressors, and conservation standards for ceiling fans and construction standards for federal buildings.

The Department of Energy (DOE) has withdrawn a final rule to implement the requirement under the Energy Independence and Security Act (EISA) of 2007 to establish energy conservation standards for manufactured housing, pursuant to President Trump’s memorandum calling for a regulatory freeze pending review of regulations.

The Small Business Association (SBA) has withdrawn a proposed rule to apply federal flood risk management standards (FFRMS) to SBA disaster loans, pursuant to President Trump’s memorandum calling for a regulatory freeze pending review of regulations.

The Department of Transportation (DOT) has withdrawn a proposed rule that would implement the requirement under the Energy Independence and Security Act (EISA) of 2007 to establish a national tire fuel efficiency consumer information program for replacement tires designed for use on motor vehicles. DOT undertook this action pursuant to President Trump’s memorandum calling for a regulatory freeze pending review of regulations.