National Energy Emergency Declared in Executive Order
The executive order, enacted Jan. 20, 2025 by President Trump, has declared a national energy emergency, seeking to address this emergency by expediting energy and infrastructure projects; facilitating the supply, refinement and transportation of energy; and assessing vulnerabilities in the domestic energy sector. The executive order also aims to utilize domestic energy resources and international alliances to create more jobs, improve the energy trade balance and safeguard the United States against potential threats. The term “energy resources,” within this order, includes crude oil, natural gas, lease condensates, natural gas liquids, refined petroleum products, uranium, coal, biofuels, geothermal heat, hydropower and critical minerals, but neither solar nor wind resources have been included.
A few of the policy actions highlighted by Holland & Knight in a recent article include:
- Directs the heads of federal departments and agencies to identify and exercise emergency authorities to facilitate the identification, leasing, siting, production, transportation, refining and generation of domestic energy resources, including on federal lands.
- Solicits recommendations for the use of eminent domain or authorities under the Defense Production Act to achieve the foregoing objective.
- Directs the U.S. Environmental Protection Agency (EPA), in consultation with the U.S. Department of Energy, to consider issuing emergency fuel waivers to allow year-round sale of E15 gasoline.
- Directs agencies to use all available authorities, including emergency authorities, to expedite the completion of authorized and appropriated infrastructure, energy, environmental and natural resources projects.
