Energy-Related Executive Orders

President Trump’s Initial Executive Orders Likely to Have Significant Impact on Energy Sector

On January 20, President Trump issued a slew of Executive Orders, a number of which are likely to have significant impacts on the energy sector.

Stoel Rives is actively tracking the energy sector impacts of these Executive Orders, as well as other actions taken by the new administration, and will provide updates in these Alerts as appropriate.

If you have questions or would like to discuss how these actions may affect your business, please contact one of the attorney contacts listed below.

Energy-related Executive Orders we are currently monitoring include:

Temporary Withdrawal of All Areas on the Outer Continental Shelf from Offshore Wind Leasing and Review of the Federal Government’s Leasing and Permitting Practices for Wind Projects, which includes a temporary cessation of the issuance of new or renewed approvals, rights of way, permits, leases or loans for onshore or offshore wind projects pending the completion of a Comprehensive Assessment and review of federal wind leasing and permitting practices.

DOI Order Suspending Delegated Authority. The Department of the Interior was the first to act in response to this EO when it issued Order No. 3415 on January 20^th (DOI Order). In the DOI Order, the Secretary of the Interior suspended the delegation of authority to all department bureaus and offices (which includes the Bureau of Reclamation, Bureau of Land Management, and U.S. Fish and Wildlife Service) “[t]o issue any onshore or offshore renewable energy authorization, including but not limited to a lease, amendment to a lease, right of way, amendment to a right of way, contract, or any other agreement required to allow for renewable energy development” (emphasis added). The order will continue in effect for 60 days or until any provisions are amended, superseded, or revoked. It is unclear at this time whether the 60-day period will be extended.
U.S. Fish and Wildlife Service (USFWS) Notice re Eagle Permits. In response to this EO, on or about January 24^th, the USFWS published a notice on its website for Eagle Disturbance Take (General), that the service is “temporarily ceasing issuance of eagle permits to wind facilities until further notice.” See 3-200-91 - Eagle Disturbance Take.

Unleashing American Energy, which states it is the policy of the United States to encourage energy exploration and production on federal lands and waters, and to eliminate the “electric vehicle (EV) mandate,” and which includes a direction to federal agencies to immediately pause the disbursement of funds appropriated through the Inflation Reduction Act of 2022 or the Infrastructure Investment and Jobs Act.

Declaring a National Energy Emergency, which includes direction to the heads of executive departments and agencies to identify any lawful authorities available to them to facilitate the identification, leasing, siting, production, transportation, refining, and generation of domestic energy resources, including, but not limited to, on federal lands.