Trump Administration’s Executive Orders Reshape U.S. Energy Landscape

On May 23, new EOs were introduced to bolster US nuclear energy, signaling a shift in energy policy and priorities.
Trump Administration Executive Actions Mark Broad Rollback of Climate and Clean Energy Directives // Cooley // Global Law Firm

The Trump administration has taken a significant step towards revitalizing American nuclear energy production with the introduction of four new executive orders on May 23. This move follows a series of actions earlier in the year aimed at overturning Biden-era climate policies and strengthening fossil fuel development, while emphasizing American sovereignty over international environmental agreements. These executive orders reflect a clear shift towards deregulation and energy independence, despite facing potential legal challenges, and could have far-reaching effects on various stakeholders including companies, investors, and consumers. The impact of these changes is further highlighted by ongoing discussions in the Senate regarding a tax bill that may eliminate existing tax credits, affecting the renewables sector. Below is a detailed analysis of these developments and their potential implications.

Permitting Acceleration Amid Legal Uncertainties

The new executive orders are designed to streamline federal permitting processes, creating opportunities for energy, industrial, and infrastructure developers. However, the benefits of expedited permitting are not without challenges, as legal disputes could arise, particularly in states with stringent environmental protections or where federal authority is contested.

Changes in Funding and Incentives

Entities dependent on programs linked to the Infrastructure Investment and Jobs Act (IIJA) or the Inflation Reduction Act (IRA) should reassess their funding strategies. Federal backing for electric vehicles, renewable energy projects, and emissions reduction initiatives has been significantly reduced. Projects that continue to be feasible under the new criteria will need to focus on cost-effectiveness, traditional energy integration, and achieving near-term returns.

Federal and State Tensions

These executive actions aim to override state-level climate and environmental policies. As a result, businesses operating in states with strong environmental regulations, like California, New York, and Washington, should prepare for increased expenses, legal delays, and changing compliance requirements as tensions between state and federal policies escalate.

Revisiting Sustainability Goals

The removal of federal climate-related disclosure and sustainability procurement goals, along with renewable energy policies, could affect the cost and availability of low-emission products. This may also complicate efforts to achieve voluntary climate-related objectives. Companies should reassess the feasibility of their current or planned sustainability targets, considering the evolving expectations of stakeholders.

Focus on Grid Reliability

With a federal emphasis on grid reliability and dispatchable energy sources like coal and gas, intermittent renewable sources may face challenges in federal grid planning. Utilities and stakeholders in the power sector should reevaluate their investment and strategic planning models to adapt to these changes.

Teams specializing in corporate governance, ESG and sustainability advisory, and regulatory, energy, and environmental issues, such as those at Cooley, are available to assist clients in navigating these evolving policies and their implications.

Original Story at www.cooley.com