On July 3, the D.C. Circuit Court of Appeals vacated the U.S.
Environmental Protection Agency's (EPA) stay of the Oil and
Natural Gas Sector: Emission Standards for New, Reconstructed, and
Modified Sources under the Clean Air Act, Section 111(b)(1)(A)
issued by EPA on June 3, 2016, 81 Fed. Reg. 35824. Clean Air
Council v. Pruitt, No. 17-1145 (D.C. Cir. July 3, 2017). EPA had
issued a public notice indicating it was rescinding the rule on
June 5, 2017. 82 Fed. Reg. 25730. This rule would address
greenhouse gas emissions, including methane, from crude oil and
natural gas production, transmission and distribution for projects
after August 23, 2011.
EPA argued that it had inherent authority to issue a brief stay
of final rules. The Court disagreed, holding that under CAA section
307(d)(7)(B), a stay is lawful only if reconsideration is
'mandatory.' Section 307(d)(7)(B) allows EPA to stay a rule
where it was impracticable to raise such objection within the
comment period,
