Energy-Related Executive Orders and Memorandum

President Trump’s Executive Orders and Memorandum and Impact on Energy Sector

President Trump has issued several Executive Orders and a Memorandum that may have impacts on the energy sector.

Stoel Rives is actively tracking the energy sector impacts of these Executive Orders and the Memorandum, 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.

The actions we are currently monitoring include:

On February 18, President Trump issued the Ensuring Accountability for All Agencies Executive Order, which requires all “independent regulatory agencies”, as defined by 44 USC 3502(5), including the Federal Energy Regulatory Commission and the Nuclear Regulatory Commission, to submit for review all “proposed and final significant regulatory actions” to the Office of Information and Regulatory Affairs (OIRA) within the Executive Office of the President before publication in the Federal Register. The EO also requires the Director of the Office of Management and Budget (OMB) to establish performance standards and management objectives for independent agency heads, to report periodically to the President on their performance and efficiency in attaining such standards and objectives, and review independent regulatory agencies’ obligations for consistency with the President’s policies and priorities. The EO further requires additional consultation with the Executive Office of the President by requiring independent regulatory agency chairmen to consult with and coordinate policies and priorities with the directors of OMB, the White House Domestic Policy Council, and the White House National Economic Council.  The heads of independent regulatory agencies are directed to establish a “White House Liaison” position in their respective agencies, and submit agency strategic plans developed pursuant to the Government Performance and Results Act of 1993 to the Director of OMB for clearance prior to finalization.
On February 14, President Trump issued the Establishing the National Energy Dominance Council Executive Order, which establishes the National Energy Dominance Council (Council) within the Executive Office of the President. The Chair of the Council will be the Secretary of the Interior, and the Secretary of Energy will serve as Vice Chair. The Chair of the Council will also serve as a standing member of the National Security Council. The function of the Council, amongst other things, is to:
1. advise the President on how best to exercise his authority to produce more energy to make America energy dominant;
2. advise the President on improving the processes for permitting, production, generation, distribution, regulation, transportation, and export of all forms of American energy, including critical minerals; and
3. provide to the President a recommended National Energy Dominance Strategy to produce more energy that includes long-range goals of enhancing private sector investments across all sectors of the energy-producing economy, focusing on innovation, and seeking to eliminate longstanding, but unnecessary, regulation.
Within 100 days of the date of the EO, the Council must recommend actions agencies can take to increase electricity capacity, facilitate approvals for energy infrastructure, approve the construction of natural gas pipelines to, or in, New England, California, Alaska, and other areas of the country deemed underserved by American natural gas, reopen closed power plants, and bring Small Modular Nuclear Reactors online. Additionally, the Council must advise the President on identifying and ending practices that raise the cost of energy, and incentives to attract and retain private sector energy-production investments.
On January 20, President Trump issued the 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.
- Department of the Interior (DOI) Order Suspending Delegated Authority. The DOI was the first to act in response to this Memorandum when it issued Order No. 3415 on January 20th (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 (USFWS)) “[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.
  - On January 29, 2025, the DOI issued Amendment No. 1 to Order No. 3415, available here. The Amendment expands the list of temporarily suspended actions (see Sec. 3.c and 3.d).
- U.S. Fish and Wildlife Service Notice regarding Eagle Permits. In response to the Memorandum, on or about January 24th, 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 USFWS, 3-200-91: Eagle Disturbance Take.
On January 20, the Unleashing American Energy order was issued, stating 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.
On January 20, the Declaring a National Energy Emergency, order was issued, directing 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.