D.C. Circuit Vacates U.S. EPA's Decision To Stay Implementation Of Methane Rules

On July 3, 2017 in a tightly contested 2–1 decision, the United States Court of Appeals for the D.C. Circuit held that EPA lacked authority under the CAA to unilaterally stay portions of a final rule establishing methane regulations for new oil and gas infrastructure. See Clean Air Council, et al. v. Administrator of EPA, et al., No. 17-1145. 

In June 2016, EPA promulgated a final rule to establish "new source performance standards" for fugitive emissions of methane and other pollutants by the oil and natural gas industry. The rule took effect in August 2016. Several industry groups then petitioned EPA to reconsider the rule, arguing reconsideration was mandatory because the final rule included provisions not set forth in the proposed rule. Finding the petitions raised at least one objection warranting reconsideration, EPA Administrator Scott Pruitt announced that EPA would issue a 90-day stay of compliance under Section 307 of the CAA. Two months later, EPA