Independent Petroleum Association of America v. EPA

On January 16, 2025, before the change in administrations, the D.C. Circuit granted a joint motion to continue holding in abeyance cases challenging EPA’s final rule that amended the Greenhouse Gas Reporting Rule requirements for the petroleum and natural gas systems source category to support implementation of the Inflation Reduction Act’s waste emissions charge. The parties requested that the abeyance be continued to allow time for any petitions seeking review of EPA’s partial denials in December 2024 of certain administrative requests for reconsideration.

A trade group representing companies engaged in “midstream activities” (the gathering and processing of natural gas into merchantable pipeline gas), two groups of trade associations representing oil and natural gas exploration and production companies, and American Petroleum Institute filed separate petitions for review in the D.C. Circuit challenging an EPA final rule that amended the Greenhouse Gas Reporting Rule requirements for the petroleum and natural gas systems source category. The amendments were intended to ensure that reporting is based on empirical data, accurately reflects methane emissions and waste emissions, and allows facility owners and operators to submit empirical emissions data to demonstrate the extent to which a Waste Emissions Charge is due under a Clean Air Act provision added by the Inflation Reduction Act (IRA).