PRG Senior Counsel Christine Wyman co-authored a blog post for Bracewell’s Energy Legal Blog with Whit Swift and Brittany Pemberton of Bracewell. The post, titled “DC Circuit Vacates EPA’s Initial Stay of Methane Rule Requirements,” explores the July 3 U.S. Court of Appeals for the District of Columbia Circuit decision to vacate the EPA’s initial 90-day stay of parts of the 2016 Methane Rule, a rule that establishes methane emissions standards for the oil and gas industry.
“While it vacated the 90-day stay of the Methane Rule requirements, the court emphasized that nothing in its opinion limits EPA’s authority to reconsider the final rule, or to proceed with the proposed stay published on June 16,” writes Wyman, Swift, and Pemberton. “As a result, while compliance with the parts of the Methane Rule is no longer delayed by an administrative stay, EPA will likely continue with its plans to finalize the separate, longer stay of the Methane Rule requirements that it proposed on June 16. While a review of the June 16 proposal did not identify the specific authority cited for the proposed two-year stay, EPA has previously claimed authority for such stays under both its general rulemaking authority under CAA section 301(a)(1), as well as an agency’s authority under section 705 of the federal Administrative Procedure Act (‘APA’) to postpone the effective date of an action pending judicial review ‘when an agency finds that justice so requires.'”
To read the complete post, click here.