News & Analysis as of

Energy Sector Executive Orders

Frost Brown Todd

Shifting Ground: How IRS Notice 2025-42 Redefines When Construction Begins for Applicable Wind and Solar Facilities

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On August 15, 2025, the Internal Revenue Service (IRS) released Notice 2025-42, consistent with President Trump’s recent Executive Order 14315 (EO 14315), which changes how applicable wind and solar facilities establish the...more

Balch & Bingham LLP

The ADVANCE Act – One Year Later: The ADVANCEs Are Real in Nuclear Energy

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In just over one year since its passing, the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy (ADVANCE) Act has begun to unlock new opportunities for advanced nuclear energy projects, streamline...more

Baker Botts L.L.P.

Sunlight Under Scrutiny: Staying Eligible in USDA's New Era

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The United States Department of Agriculture’s (USDA) Rural Business-Cooperative Service (RBCS) has issued a new policy directive that emphasizes portfolio stewardship and significantly alters eligibility criteria for...more

Sheppard Mullin Richter & Hampton LLP

Comprehensive Guide to Trump’s Executive Actions on ESG, DEI & Environmental Policy

The recent wave of executive orders issued under the Trump Administration marks a dramatic shift in the landscape of Environmental, Social, and Governance (ESG) policy, sustainability initiatives, and DEI (Diversity, Equity,...more

Ankura

Unified Defense: Collaboration to Secure Critical Infrastructure

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Securing national critical infrastructure is similar to securing a network enterprise. Each sector of infrastructure, network component, or branch of government depends on the other. Understanding those interdependencies,...more

Vinson & Elkins LLP

Beginning of Construction Guidance Eliminates 5% Safe Harbor (for Wind and Solar), but Physical Work Test Survives

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On August 15, 2025, the Department of Treasury and the Internal Revenue Service (“IRS”) released guidance for wind and solar facilities under Sections 45Y and 48E (the “Tech-Neutral Tax Credits”) in the form of IRS Notice...more

White House Issues Executive Order to Fast-Track Data Center Development

In a major move to bolster US digital infrastructure, the White House issued an executive order on July 23, 2025 aimed at accelerating the federal permitting process for data centers and related infrastructure. The order is...more

Holland & Knight LLP

U.S. Nuclear Regulatory Commission Moves Forward with NEPA Overhaul

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The U.S. Nuclear Regulatory Commission (NRC or Commission) issued a Staff Requirements Memorandum (SRM) on July 28, 2025, directing NRC staff to proceed with rulemaking to implement the National Environmental Policy Act...more

Pillsbury - Global Trade & Sanctions Law

Trump Administration Imposes Secondary Tariffs on India Over Russian Oil Imports

On August 6, 2025, President Trump published a new Executive Order imposing secondary tariffs on India in response to its continued importation of Russian-origin crude oil. This marks both an escalation in U.S. trade...more

Pillsbury Winthrop Shaw Pittman LLP

The Trump Administration Accelerates AI and Data Center Development with Executive Order and DOE Site Selections

A new Executive Order directs agencies to accelerate federal permitting and environmental review processes for large-scale AI data center projects and supporting components. The DOE has designated four federal sites for...more

Polsinelli

New 25 Percent Additional Tariffs on Imports from India

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Key Takeaways - New 25 Percent Tariff on Indian Imports: Starting August 27, 2025, the U.S. will impose a 25 percent tariff on certain products from India, in addition to existing duties....more

Kelley Drye & Warren LLP

White House Imposes Additional 25% Tariffs on Indian Goods

Wednesday morning, the White House declared a new national emergency on products of countries that are ​“directly or indirectly” importing crude oil and petroleum products from the Russian Federation. The executive order...more

BakerHostetler

Analysis of Renewable Energy Credit Amendments and Changes Under the 2025 Tax Legislation

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There is a possibility of one or more additional reconciliation bills during late 2025 and 2026 and therefore further opportunities for enactment of additional provisions, as well as changes and improvements to the...more

Seward & Kissel LLP

OFAC Announces New Round of Sanctions Targeting Iran’s Energy Sector

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On the heels of the Trump administration’s June strikes on key nuclear sites in Tehran, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced significant new sanctions on July 30, 2025,...more

Mintz - Energy & Sustainability Viewpoints

Sustainable Energy & Infrastructure Client Feature — August 2025

This month, we’re pleased to feature our client, The Metals Company (TMC). TMC is a leading explorer of the world’s largest undeveloped resource of critical metals essential to energy, defense, manufacturing, and...more

Bracewell LLP

Executive Order Enhances Federal Permitting and Incentives for AI-Related Data Centers

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In an effort to accelerate the development of artificial intelligence (AI), President Donald J. Trump signed an executive order (EO) aimed at expediting the federal permitting process for data centers, particularly those...more

Vinson & Elkins LLP

Powering Tomorrow—The White House AI Action Plan's Ambitious Vision for U.S. Infrastructure

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The White House recently unveiled “America’s AI Action Plan,” a comprehensive strategy designed to secure United States leadership in the global artificial intelligence race. The plan is built on three foundational pillars:...more

Mintz - Antitrust Viewpoints

President Trump’s AI Action Plan and White House Control of Renewables — AI: The Washington Report

As the Trump administration rolls out its AI Action Plan, which we will separately cover in depth in the next few days, with goals to keep government oversight to a minimum and prioritize innovation, the initial EOs have made...more

WilmerHale

Top Takeaways: President Trump’s New AI Action Plan

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In his latest move on artificial intelligence (“AI”), President Trump unveiled his much anticipated “AI Action Plan,” laying out his Administration’s strategy to “sustain and enhance America’s global AI dominance,” consistent...more

Spilman Thomas & Battle, PLLC

One Big Beautiful Comeback: Coal-Fired Generation

In recent years, coal-fired generation has reduced significantly in relation to other energy generation. As recently as 2014, according to the Environmental and Energy Study Institute, coal produced 39 percent of electricity...more

Farella Braun + Martel LLP

Executive Order Targets Renewable Energy Incentives, Adds Compliance Risk for Developers

The Trump administration issued an executive order on July 7, 2025, titled Ending Market‑Distorting Subsidies for Unreliable, Foreign‑Controlled Energy Sources, aimed at accelerating implementation of the recently enacted One...more

Jackson Lewis P.C.

What MSHA’s 18 Proposed Rules Signal About the Future of Mine Safety

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On July 1, 2025, the Mine Safety and Health Administration (MSHA) published 18 Notices of Proposed Rulemaking in the Federal Register, marking a sweeping regulatory initiative by the current administration. The proposals...more

Nossaman LLP

[Webinar] Navigating Change: Federal Updates on Energy, Transportation & Water Policies - August 5th, 12:30 pm - 2:00 pm PT

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Fundamental changes are in the works for energy, transportation and water project development as federal agencies are implementing new policies and have begun updating their rules in response to President Trump’s numerous...more

Foley & Lardner LLP

DOE Announces Pilot Program to Build Advanced U.S. Nuclear Fuel Supply Lines: What You Need to Know Now

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Coming on the heels of its June 2025 announcement establishing a pilot program for reactor construction and operation in accordance with President Trump’s Executive Order 14301, on July 16, 2025 the DOE announced a Fuel Line...more

McCarter & English, LLP

One Big Beautiful Bill Act Tax Law Updates—Energy Sector

On July 4, 2025, President Donald Trump signed into law the One Big Beautiful Bill Act (OBBBA) (P.L. 119-21), which includes a number of tax law changes that directly impact the energy industry. A significant number of the...more

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