D.C. Circuit Temporarily Freezes EPA’s Rollback of Methane Emissions Regulations

As we previously reported, on August 13, 2020, the U.S. Environmental Protection Agency (EPA) completed the rollback of Obama-era methane emissions regulations in the New Source Performance Standards (NSPS) for the Oil and Gas Industry. After the EPA’s final rules were published in the Federal Register on September 14 and 15, 2020, environmental groups and a coalition of 20 states and municipalities filed lawsuits in the U.S. Court of Appeals for the D.C. Circuit challenging the rules. As part of those challenges, environmental groups filed an emergency motion for stay pending the court’s review of the rules. On September 17, 2020, the D.C. Circuit issued an administrative stay, which temporarily freezes the EPA’s rollback from taking effect while the court considers a long-term suspension of the rule. The court’s order states that the administrative stay “should not be construed in any way as a ruling on the merits.” Briefing on the motion to stay will continue through October 5, 2020, and the court will likely issue a decision on whether the stay should remain in effect shortly thereafter.

We will continue to follow the case going forward. Please watch our blog for further updates.