Texas v. EPA

Two sets of claims were severed from the main proceeding challenging the regulation. First, the court severed and held in abeyance a <a href="https://climatecasechart.com/case/air-alliance-houston-v-epa/">petition</a> filed by three environmental organizations; the organizations had sought administrative reconsideration of issues that would overlap with the matters raised in their petition. In addition, the court severed <a href="https://climatecasechart.com/case/american-petroleum-institute-v-epa-6/">challenges</a> by industry petitioners to two aspects of the rule as to which administrative reconsideration was sought: (1) Vent gas net heating value (NHV) monitoring and alternate sampling demonstration requirements for flares and enclosed combustion devices; and (2) temporary flaring provisions for associated gas in certain situations.

The D.C. Circuit Court of Appeals denied motions for stay of EPA’s final Clean Air Act rule revising new source performance standards for greenhouse gas and volatile organic compound emissions in the oil and natural gas sector and establishing emission guidelines for greenhouse gas emissions from existing sources in that sector. The D.C. Circuit found that the petitioners did not satisfy the “stringent requirements” for stay pending court review.

Two petitions for review were filed in the D.C. Circuit Court of Appeals to challenge the U.S. Environmental Protection Agency’s (EPA’s) final Clean Air Act rule revising new source performance standards for greenhouse gas and volatile organic compound emissions in the oil and natural gas sector and establishing emission guidelines for greenhouse gas emissions from existing sources in that sector. The first petition was filed by the State of Texas and the Texas Commission on Environmental Quality. The second petition was filed by 24 states, led by Oklahoma, along with the Arizona Legislature. The Oklahoma petition contended that the final rule exceeded EPA’s authority and was arbitrary, capricious, an abuse of discretion, and not in accordance with law.