Environmental Defense Fund v. Nishida

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.

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 <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2021/01/20/fact-sheet-list-of-agency-actions-for-review/">list</a> 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.

Western Energy Alliance moved for leave to intervene as a respondent outside the time provided for in the Federal Rules of Appellate Procedure.

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.

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.

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 <a href="https://www.federalregister.gov/documents/2020/09/15/2020-18115/oil-and-natural-gas-sector-emission-standards-for-new-reconstructed-and-modified-sources">amendments</a> 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.