Regulatory Tracker

The Izembek National Wildlife Refuge consists of 315,000 acres where the Alaskan Peninsula meets the Aleutian islands, including 307,892 acres designated as wilderness and the Izembek Lagoon. The Izembek Refuge is one of the most unique areas in Alaska, home to diverse wildlife such as caribou, brown bears, and federally-protected species such as the Steller’s eider, northern sea otter, and Steller sea lion.

We are not currently updating this rule To learn about other current Pipeline and Hazardous Materials Safety Administration regulations, visit our Liquid Natural Gas by Rail Rule. Click here to […]

The United States has recently become a major producer and net exporter of liquefied natural gas (LNG)—natural gas that has been cooled to a liquid state. Historically, LNG has been transported by pipeline, ships, or trucks. Transportation by rail is new. The Pipeline and Hazardous Materials Safety Administration (PHMSA) and the Federal Railroad Administration (FRA), both within the U.S. Department of Transportation (USDOT), have shared regulatory authority over the transportation of hazardous materials, such as LNG, by rail. The two agencies previously considered the bulk transport of LNG in rail tank cars to be too dangerous to permit on a categorical basis, though rail transport of LNG was allowed ad hoc under a PHMSA special permit or in a special portable tank with FRA approval.

We are not currently updating this rule Click here to return to our Regulatory Tracker or here to sign up for our monthly Tracker email updates. Why It Matters The Comprehensive Environmental […]

We are not currently updating this rule Click here to return to our Regulatory Tracker or here to sign up for our monthly Tracker email updates. Why It Matters The federal government […]

Click here to return to our Regulatory Tracker or here to sign up for our monthly Tracker email updates. If you’re a reporter and would like to speak with an expert on this […]

We are not currently updating this rule. Click here to return to our Regulatory Tracker or here to sign up for our monthly Tracker email updates. Why It Matters There are nearly […]

After an operator drills a well, it must get BSEE’s approval before beginning production of that well. Part of that approval process involves review of a production safety system application and a preproduction inspection.

We are not currently updating this rule Why it Matters Following the Deepwater Horizon explosion and oil spill, the Department of the Interior (DOI) underwent a significant reorganization and issued […]

Following the Deepwater Horizon explosion and oil spill, the Department of the Interior (DOI) underwent a significant reorganization and issued rules and guidance to fill regulatory gaps in emergency response and operational oversight (for more on these changes, see our post on the 10 year anniversary here). President Obama also removed certain areas of the outer continental shelf from oil and gas development.

Although not specifically tied to the safety reforms following the Deepwater Horizon incident, the Offshore Air Quality Control, Reporting, and Compliance Rule proposed by Obama-era BOEM on April 5, 2016 would have tightened pollution standards for offshore operations and required improved pollution control technology. The proposed rule would have been the first updates to these regulations since 1980.

Offshore oil and gas development requires conducting geological and geophysical surveys to understand the location and extent of deposits and the geological formations around them. This includes seismic airgun surveys that can have acoustic impacts on marine species.

We are not currently updating this rule Click here to return to our Regulatory Tracker or here to sign up for our monthly Tracker email updates. Why It Matters The federal government […]

We are not currently updating this rule Click here to return to our Regulatory Tracker or here to sign up for our monthly Tracker email updates. Why it Matters Compensatory mitigation policies […]

We are not currently updating this rule Click here to return to our Regulatory Tracker or here to sign up for our monthly Tracker email updates. Why it matters The Coastal Barrier […]

The Arctic National Wildlife Refuge (ANWR) consists of more than 19 million acres of wilderness in northeastern Alaska. The refuge includes some of the most pristine, untouched lands and waters within the United States, with no roads, marked trails, or campgrounds. It is home to diverse wildlife, including over 40 kinds of mammals and over 200 bird species. It is a critical area for the Porcupine caribou, as thousands of them migrate through the Arctic Refuge to reach calving locations each year.

EO revoked: we are not currently updating this page Click here to return to our Regulatory Tracker or here to sign up for our monthly Tracker email updates. Why It Matters President […]

A rule that created financial responsibility requirements for hardrock mining was designed over years and proposed in January 2017 to prevent “owners or operators from shifting the burden of cleanup to other parties, including the taxpayers,” and to incentivize environmentally sound practices. In December 2017, EPA announced that it would not pursue the rulemaking any further, asserting that “modern mining” presents a low risk of taxpayer-funded response, and that the financial assurances regulations are therefore not necessary.

We are not currently updating this rule. Click here to return to our Regulatory Tracker or here to sign up for our monthly Tracker email updates. Why It Matters Sewage treatment plants […]

There are 2 million agricultural workers in the United States who mix, load, or apply pesticides. EPA issued the Agricultural Worker Protection Standard (WPS) in 2015 to improve protections for these workers. The Trump administration considered revising these rules.

Without proper care, exposure to agricultural pesticides can cause major health hazards. The Trump Administration considered revising and significantly delayed the the Certification of Pesticide Applicator’s Rule.

This page tracks the administration’s changes in approach to onshore energy leasing but does not attempt to track every lease sale. For detailed information on some of the regulatory changes described above, and others, see the links at the bottom of this page.

There are over 250 brick and structural clay products manufacturing facilities in the United States. The process of manufacturing brick and clay products releases hazardous acid gases, which cause irritation to eyes and skin and is associated with chronic lung disease in large doses. Brick kilns also emit metal pollutants, including mercury and lead, which can cause cancer and respiratory harm. The EPA is reviewing its 2015 Brick/Clay Rule that finalized the NESHAP for brick and structural clay products manufacturing and clay ceramics manufacturing.

he process of refining crude oil is very complex and can result in pollutant leaks and releases to the atmosphere through flares and vents at the facility. These emissions impact the air quality and health of local communities. One of the most harmful components of crude oil, and one of the pollutants most at risk of leaking, is benzene, a known carcinogen.

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Emergency Planning and Community Right-to-Know Act (EPCRA) require industry to report releases of hazardous substances for the protection of public health and the environment. CERCLA requires reporting to the federal Environmental Protection Agency (EPA) and EPCRA to the local authorities when such releases occur.

The world’s oceans sustain billions of people across the globe and are home to innumerous marine species. Healthy ocean and coastal ecosystems naturally mitigate the effects of climate change and protect communities from storms and dangerous flooding, while supporting fisheries-related industry. Yet for decades, human activity and pollution has significantly deteriorated the health of ocean and coastal areas. Following the Deepwater Horizon oil spill, President Obama established the first-ever National Ocean Policy, which provided a comprehensive plan to protect and improve the ecological health and economic value of the ocean, coastal areas, and the Great Lakes. Weakening these safeguards threatens the ocean as well as the nearly 40% of Americans who live in coastal communities.

The Forest Service publishes an Advanced Notice of Proposed Rulemaking and Request for Comment. The proposed rule seeks to revise the Forest Service’s formal NEPA regulations as well as its internal NEPA procedures. The Forest Service requests comments on methods to improve efficiency, approaches to authorize many projects under a singular NEPA review, actions that could be categorically excluded from NEPA procedures, and ways the agency may better coordinate environmental review with other government entities.

Trump’s April 28, 2017 Executive Order 13795, “Implementing an America-First Offshore Energy Strategy,” directed the Department of Interior to reconsider efforts to limit or regulate offshore oil and gas development. Interior Secretary Zinke’s May 1, 2017 Secretarial Order 3350 instructed its sub-agencies on how to implement the Executive Order.

The Endangered Species Act provides protections for threatened and endangered species, but the level of protection given to each species and the amount of species protected depend on how the Act is interpreted and applied through its regulations. The regulations contain detailed definitions and the steps that the U.S. Fish and Wildlife Service and the National Marine Fisheries Service and other agencies need to take in order to apply the protections in the Act to species and their habitats.

EELP is compiling other environmental law and policy trackers.

Haze occurs when small particles of air pollution scatter and absorb sunlight, blurring scenic views and decreasing the distance that can be seen from overlooks. In response to this problem, Congress enacted Section 169A of the Clean Air Act to protect visibility in national parks and wilderness areas. The Environmental Protection Agency (EPA) subsequently promulgated the Regional Haze Rule in 1999. The program directs states to implement pollution control plans to improve visibility and air quality at national parks, such as the Grand Canyon. Since the implementation of the regional haze program, the average visual range has increased from 90 to 120 miles in some western parks and from 50 to 70 miles in some eastern parks.

Haze occurs when small particles of air pollution scatter and absorb sunlight, blurring scenic views and decreasing the distance that can be seen from overlooks. In response to this problem, Congress enacted Section 169A of the Clean Air Act to protect visibility in national parks and wilderness areas.

Following a treaty between the US and Great Britain to protect migratory birds, Congress enacted the Migratory Bird Treaty Act (MBTA), 16 U.S.C. § 703-711, making it illegal to “pursue, hunt, take, capture, kill, attempt to take, capture or kill, possess, offer for sale, sell, offer to purchase, purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation, transport, cause to be transported, carry, or cause to be carried by any means whatever, receive for shipment, transportation or carriage, or export, at any time, or in any manner, any migratory bird, . . . or any part, nest, or egg of any such bird” unless permitted by regulation. (16 U.S.C. 703)

As part of the Clean Air Act (CAA), EPA regulates Hazardous Air Pollutants (HAPs). HAPs include benzene, metals, and other pollutants that are known to cause cancer and other serious health effects. A facility is considered a major source if it has the potential to emit 10 tons per year of any one HAP or 25 tons per year of any combination of HAPs. All other facilities are considered area sources.

Bristol Bay watershed, located in southwestern Alaska, is home to some of the world’s largest runs of wild salmon, including the world’s largest sockeye salmon run. The watershed’s aquatic habitats support sport and commercial fishing, providing significant economic benefits and employment opportunities to the region. In addition, many Alaska Natives live near Bristol Bay and rely on its natural resources to maintain a subsistence-based lifestyle.

Livestock grazing takes place on 155 million acres of public lands in the United States, with the Bureau of Land Management (BLM) administering nearly 18,000 grazing permits and leases. A 2016 report by the Department of Interior noted that 30% of assessed federal rangelands are not meeting the promulgated land health standards, and the damage is significantly attributed to livestock grazing. Strict permit standards governing where, when, and how many cattle can graze protect native species and ensure that lands are healthy and productive in the future.

The Environmental Protection Agency (EPA) last updated the health and environmental standards for uranium mining in 1995. Since then, the primary method for extracting uranium has changed to in-situ recovery (ISR): pumping a solution into a deposit to dissolve the uranium, which is then collected when the fluid is pumped back out. This can contaminate groundwater if water containing uranium extraction byproducts flows into nearby aquifers. The proposed new rule updates uranium mining regulations by adding a section tailored to ISR, designed to protect groundwater adjacent to production zones.

This executive order was used to justify rolling back many climate and environmental protections in the interest of fossil fuel development.

Methane is a powerful greenhouse gas and the main component of natural gas. Extracting, refining, storing, and distributing natural gas can lead to methane leaks. While EPA regulated new sources of methane from the oil and gas sector in 2012 and 2016, the standards do not apply to any of the nation’s oil and gas infrastructure installed before those years.

Properly valuing revenues from publicly held mineral rights provides certainty to lessees about their investments and ensures taxpayers get a fair return for their public resources.

The National Park Service issues a memorandum encouraging individual parks to ban the sale of disposable plastic water bottles within the parks.

Greater sage-grouse are native to sagebrush and juniper grasslands throughout the Western US, and north into Canada. They are the largest North American grouse and are known for their charismatic mating dance. They are also an “umbrella species” – indicating how healthy the habitat is that they share with hundreds of other wildlife species. Habitat fragmentation and degradation have led to plummeting populations across their range.

Bycatch limits – a cap on the numbers of other species that can be caught when fishing for a targeted species – are intended to ensure healthy population numbers. Whales, dolphins, turtles, and many other species are hauled up dead or dying in gillnets (called this because they entangle fish by their gills) used to catch swordfish. Some of these “bycatch” animals are endangered and reproduce slowly, so that the ripple effect of individual losses can be felt quickly across the population.

Chlorpyrifos is a highly toxic organophosphate pesticide used since 1965 on crops like corn, soybeans, wheat, and a variety of fruits and vegetables, as well as cotton – and on golf courses. It is one of the most widely used pesticides in the United States. Over time, the Environmental Protection Agency (EPA) has narrowed the acceptable uses for this pesticide, as research revealed serious health and ecological risks.

The Bureau of Land Management (BLM) manages over 260 million acres of land and 700 million acres of subsurface mineral rights. This rule was crafted to bring more stakeholders into the land management process, and to better account for ecological systems and the multiple uses and pressures on public lands.

This rule was developed “in order to avoid or minimize impacts on surface water, groundwater, fish, wildlife, and other natural resources” from coal mining. In particular, it was designed to prevent mountain-top mining operations – where the top of a mountain is blown off with dynamite to reach underground coal seams – from dumping the mountain rubble in nearby valleys and waterways.

The Department of Energy (DOE) sets energy efficiency standards for many consumer products. The Energy Policy and Conservation Act directs DOE to establish energy conservation standards for most major household appliances and many types of commercial equipment. DOE’s energy conservation program includes testing, labeling, and enacting energy conservation standards, as well as product certification and enforcement. These standards are meant to reduce energy demand and increase energy efficiency. The standards also help reduce greenhouse gas emissions by reducing energy demand and use.

The Chesapeake Bay is the largest estuary in the US. Pollution from agriculture and urban runoff has impaired Chesapeake water quality, damaging its fisheries and recreational and natural value.

Hydrofluorocarbons, or HFCs, are among the most potent greenhouse gases, causing thousands of times more warming than carbon dioxide over the short term. HFCs are also commonly used in refrigeration, air conditioning, building insulation, and aerosols. The 1987 Montreal Protocol, which was created to protect the diminishing ozone layer, led to a large increase in the use of HFCs.

The United States is the second largest greenhouse gas emitter in the world and the largest historical emitter. America’s approval of the Paris Climate Agreement in 2016 signaled our intention to cooperate globally in reducing our emissions and helping others reduce theirs.

The Department of the Interior (DOI) has made an unusually broad request for public input on which rules it should target for rollback. It remains unclear how many rules DOI will act to rewrite or reverse, but the request suggests that any rule is open to review, including those that protect public lands and the public’s right to fair return on mineral development.

The DOE/FERC Notice of Proposed Rule Making for the Grid Resiliency Price Rule sought public comment on a scheme under which coal-fired and nuclear generation would be provided direct subsidies to operate in three wholesale electricity markets, where such generation has become economically uncompetitive with other sources of generation, and demand response. Coal-fired generation is a significant source of carbon dioxide emissions and other air, water, and ground pollution.

The Bureau of Land Management (BLM) manages 258 million acres of public lands, and nearly 700 million acres of sub-surface minerals such as oil and gas. These minerals are found beneath land managed by agencies such as the Fish & Wildlife Service, as well as private landowners. The rules for federal land and minerals development were written long before high volume hydraulic fracturing and other modern technologies were used to produce oil and gas. This rule modernizes BLM’s program to ensure protection of drinking water with a particular focus on requiring disclosure of the chemicals used in fracking.

The Department of the Interior (DOI) manages 700 million acres of subsurface mineral rights. DOI halted coal leasing to review how to address the program’s health and environmental impacts and ensure taxpayers get a fair return for their public resources.