North Dakota v. EPA (methane)

Date: August 15th, 2016

Topic: Air Pollution, Climate Change Mitigation

Type: Defense of Federal Standards

Jurisdiction: California, Connecticut, Illinois, Maryland, Massachusetts, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington

Citation: State of North Dakota. v. U.S. EPA, No. 16-1242 (D.C. Cir. 2016)

On June 3, 2016, EPA established New Source Performance Standards (NSPS) for emissions of methane (a potent greenhouse gas) and volatile organic compounds (VOCs) from new, modified and reconstructed sources in the oil and natural gas sector.

Fifteen states and a number of industry petitioners challenged this rule.  Eleven states and a number of environmental organizations intervened in support of EPA. On January 4, 2017, challenges to this rule were consolidated with challenges to earlier EPA NSPS for the same industrial sector addressing different pollutants under case No. 13-1108. On April 7, 2017, EPA filed a motion requesting the cases be held in abeyance until after EPA has reviewed the 2016 rule in accordance with President Trump’s Executive Order instructing EPA to review a number of energy and climate change-related rules. On April 17, state intervenors filed a response opposing EPA’s motion.

*Washington and Maryland filed a separate motion to intervene. We have been unable to obtain a public copy of that document.