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March 30, 2021
Here are the latest updates on the rules we're tracking. If you'd like to know when we publish new legal analyses, podcasts, and blogs in addition to our Regulatory Rollback Tracker updates you can subscribe to our EELP Newsletter here. And, as always, if you have any feedback or questions please get in touch. Thank you for subscribing!
Defining Waters of the United States/Clean Water Rule
- March 26 Two New Mexico Native American Tribes, the Pueblo of Laguna and Pueblo of Jemez, sue EPA in the District Court for the District of New Mexico arguing that the Navigable Waters Protection Rule is inconsistent with the CWA’s purpose, and violates the federal government’s trust obligations towards Tribes. Pueblo of Laguna, et al., v. Regan, [No. Pending] (D.N.M.).
- Mar. 19 Data from the Army Corps of Engineers (ACE) show the Trump-era Navigable Waters Protection Rule could permanently damage more than 70% of US waterways by stripping federal protections from more than 40,000 waterways.
- Read more here.
EPA VOC and Methane Standards for Oil & Gas Facilities - Mar. 25 Congressional Democrats announce they will propose a resolution of disapproval under the Congressional Review Act for the Review Rule. This would nullify the rule that cut transportation and storage facilities and determined methane was duplicative for the remaining facilities but leave the Reconsideration Rule’s technical amendments on well completions, pneumatic pumps, storage vessels, fugitive emissions, inspections, etc. to EPA to address through new rulemaking. Read more here.
Marine National Monuments & Marine Sanctuaries
- Mar. 22 The Supreme Court declines to review President Obama’s creation of the Northeast Canyons and Seamounts Marine National Monument. Nevertheless, Chief Justice John Roberts signals in the denial that the Court is open to reviewing whether the creation of other monuments was consistent with the “smallest area compatible” provision of the Antiquities Act. Massachusetts Lobstermen’s Association v. Raimondo, No. 20-97.
- Mar. 17 Interior Secretary Haaland delays recommendations to President Biden on restoring the boundaries and conditions of Bears Ears, Grand Staircase-Escalante, and the Northeast Canyons and Seamounts monuments in order to meet in-person with stakeholders in Utah. President Biden’s Jan. 20 EO on public health and the environment ordered the Secretary to review these boundaries within 60 days.
- Read more here.
National Environmental Policy Act
Greater Sage-Grouse Protection - Mar. 17 The US Geological Survey (USGS) reports that over the last two decades, millions of acres of priority greater sage-grouse habitat have been destroyed by human activity and natural threats. 20% of that loss is due to wildfires. Read more here.
Keystone XL Pipeline - Mar. 17 Twenty-one states file suit to challenge President Biden’s revocation of the permit to construct a portion of the pipeline across the international border with Canada. Texas v. Biden, 3:21-cv-00065 (S.D. Tex.). Read more here.
GHG New Source Performance Standards for Power Plants - Mar. 17 EPA asks the DC Circuit to vacate the Jan. 2021 significant contribution rule for newly constructed coal-fired units due to procedural defects and requests that the court remand it to the agency. California v. EPA, 21-1035 (D.C. Cir.). Read more here.
Arctic National Wildlife Refuge - Oil and Gas Development - Mar. 17 The Kaktovik Iñupiat Corp. asks the Fish and Wildlife Service to reconsider its permit application to conduct seismic explorations in the Coastal Plain, which would harass polar bears. Read more here.
National Monuments
- Mar. 17 Interior Secretary Haaland delays recommendations to President Biden on restoring the boundaries and conditions of Bears Ears, Grand Staircase-Escalante, and the Northeast Canyons and Seamounts monuments in order to meet in-person with stakeholders in Utah. President Biden’s Jan. 20 EO on public health and the environment ordered the Secretary to review these boundaries within 60 days.
- Mar. 8 The US District Court for the District of Columbia stays litigation over Bears Ears and Grand Staircase-Escalante. Hope Tribe v. Trump, No. 1:17-cv-02590 (D.D.C.); Wilderness Society v. Trump, No. 1:17-cv-02587 (D.D.C.).
- Read more here.
Energy Conservation Standards for Consumer Products - Mar. 16 Twelve state attorneys general file a petition for review challenging the Trump DOE’s interpretive rule regarding residential furnace and commercial water heater standards. The rule stated that inefficient technologies are a “feature” under EPCA, and thus cannot be eliminated by adopting an energy conservation standard. The AGs argue that the rule violates the new policies established in President Biden’s Jan. 20 executive order on protecting public health and the environment. State of New York, et al. v. DOE, [Docket No. Pending], (2d Cir.). Read more here.
Offshore Oil & Gas 5-Year Leasing Plan - Mar. 15 The Biden administration asks the 9th Circuit to end the case in light of President Biden’s EO 13990 revoking President Trump’s EO 13795 (the EO challenged in this case). The Biden administration asks the court to vacate the lower court ruling and remand with instructions to dismiss the case. Read more here.
Cross-State Air Pollution Rule - Mar. 15 EPA publishes a final rule updating the CSAPR for the 2008 ozone NAAQS. The rule regulates the release of nitrogen oxides in twelve states, and allows emissions credit trading. Read more here.
Bristol Bay Pebble Mine - Mar. 11 Rep. Huffman, Chair of the Subcommittee on Water, Oceans, and Wildlife, and Rep. DeFazio, Chair of the Committee on Transportation and Infrastructure, ask EPA Administrator Regan to permanently ban mining in Bristol Bay by using the agency’s authority under Section 404 of the Clean Water Act. Read more here.
Migratory Bird Treaty Act - Feb. 25 The Department of the Interior withdraws its Second Circuit appeal of the Aug. 11, 2020 decision vacating the Solicitor’s Opinion interpreting the Migratory Bird Treaty Act. Read more here.
Petroleum Refinery Sector Rule (NESHAPs/NSPS) - Feb. 23 EPA asked the DC Cir. to hold the case filed in Dec. 2020 in abeyance. Air Alliance Houston et al. v. EPA, No. 20-1504 (D.C. Cir.). Read more here.
The Izembek Refuge Road - Feb. 17 The Fish and Wildlife Service sends a letter to the Alaska Department of Transportation and Public Facilities returning the agency’s right-of-way permit application for the Izembek Refuge road and closing the file. The Army Corps submitted a similar letter on February 5. These actions do not preclude the Alaska agency from resubmitting a similar application in the future. Read more here.
Chlorpyrifos Pesticide Use
- Feb. 5 The Biden administration extended the public comment period on the Dec. 3, 2020 draft risk assessment and proposed interim decision for chlorpyrifos through March 7, 2021.
- Jan. 20 President Biden signed Executive Order 13990, “Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis,” instructing agencies to review agency actions during the Trump administration for consistency with the new administration’s policies and consider suspending, revising, or rescinding them. The new administration also included the decision not to ban chlorpyrifos in the accompanying list of regulatory actions it would review pursuant to the EO.
- Read more here.
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