This post provides important updates to our August 17, 2020 post regarding U.S. EPA’s amendments to the 2012 and 2016 New Source Performance Standards (NSPS) for the Oil and Natural Gas Industry (40 CFR 60, Subpart OOOO and 40 CFR 60, Subpart OOOOa).
First, U.S. EPA published the final amendments in the Final Register on September 14, 2020. The amendments to the NSPS became effective upon publication in the Federal Register.
Next, on the same day that U.S. EPA published the amendments to the NSPS in the Federal Register, several environmental groups filed a Petition for Review in the D.C. Circuit Court challenging U.S. EPA’s amendments. On September 15, 2020, the Petitioners filed an emergency motion for stay and vacatur of U.S. EPA’s amendments. Today, the D.C. Circuit issued an Order that U.S. EPA’s amendments to the NSPS be administratively stayed pending further review and order by the Court regarding Petitioner’s emergency motion for stay and vacatur of the amendments. The Court also ordered that any additional motions to stay in the consolidated cases be filed by September 18, 2020, with EPA’s response to the motion(s) to stay due on September 28, 2020, and any replies be submitted by October 5, 2020.
We will continue to track this case and provide updates on new developments.