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On May 12, 2016, EPA finalized New Source Performance Standard (NSPS) Subpart OOOOa for crude oil and natural gas facilities constructed, modified, or reconstructed after September 18, 2015. (See our May 17 post.) The rule builds on a predecessor performance standard, NSPS Subpart OOOO, and, in addition to requiring significantly increased emissions controls and monitoring, introduces explicit limits on methane emissions.

Now, 15 states, led by the state of North Dakota, and 19 industry associations have petitioned the D.C. Circuit Court of Appeals to review the legality of the rule (see Docket #13-1242). North Dakota filed the first to petition on July 14th. On August 15, nine states, the city of Chicago, and six environmental advocacy groups filed motions to intervene in the case on behalf of the EPA. Initial filings from all the parties are due at various times between the end of August and October. In the meantime, the rule remains effective as of August 2, 2016.