Executive Order: Declaring a National Energy Emergency

Date issued: Jan. 20, 2025
Executive Summary
This executive order declares a national energy emergency and seeks 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. It aims to utilize domestic energy resources and international alliances to create more jobs, improve the energy trade balance and safeguard the U.S. against potential threats. Within this order, the term "energy resources" 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 are included.
Policy Actions
- 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.
- Directs agencies to use all available authorities, including emergency authorities to facilitate the supply, refining and transportation of energy within the West Coast, Northeast and Alaska.
- Directs the heads of relevant agencies and the secretary of the army to identify and issue a report on planned or potential actions to facilitate the energy supply that may be subject to emergency treatment. Each federal department and agency will provide status reports on these actions every 30 days following the report's issue.
- Agencies will refer to the emergency Army Corps of Engineers permitting provisions to facilitate the energy supply.
- The heads of relevant agencies shall provide a report identifying planned or potential actions to facility national energy supply that may be subject to emergency consultations under the Endangered Species Act (ESA) within 30 days of the order's issue. Following the report's release, each agency will provide status reports every 30 days for the duration of the national emergency.
- Agencies will, to the maximum extent permissible under law, utilize the ESA regulation on consultations in emergencies to facilitate national energy supply.
- Relevant wildlife agency representative must be made available for consultation.
- The secretary of the interior will convene the Endangered Species Act Committee quarterly to consider applications that seek exemptions from ESA obligations, as well as ensure an initial determination within 20 days of receiving an application and resolution within 140 days of the initial determination of eligibility.
- When no applications are pending for review, the committee shall still convene to identify obstacles to domestic energy infrastructure deriving from implementation of the ESA or the Marine Mammal Protection Act.
- The secretary of defense, in collaboration with the interior secretary and secretary of energy, will assess vulnerabilities such as insufficient transportation and refining infrastructure and recommend remedies.
Trump's 2025 Executive Orders: Updates and Summaries
Holland & Knight's Public Policy & Regulation Group is reviewing President Trump's 2025 Executive Orders and other actions. To read all Executive Order Updates and Summaries, visit our landing page.