Trump 2.0: National Energy Emergency Targets Fossil Fuel, Uranium and Critical Minerals Expansion and Infrastructure Overhaul

By invoking emergency powers, the Trump Administration seeks to boost the economy, achieve U.S. energy independence, and ensure global energy dominance. The Order uses the term “energy” to include crude oil, natural gas, lease condensates, natural gas liquids, refined petroleum products, uranium, coal, biofuels, geothermal heat, the kinetic movement of flowing water, and critical minerals, but notably does not apply to wind and solar energy or batteries. Ultimately, the Order introduces transformative changes to the regulatory and operational landscape for energy stakeholders, setting the stage for significant developments in parts of the sector.

Streamlining Emergency Approvals and Waivers
Federal agencies are instructed to take immediate steps to facilitate the development and delivery of energy projects by directing agency heads to prioritize the identification, leasing, siting, production, transportation, refining and generation of domestic energy resources, including those located on federal lands. To support these efforts, the Order authorizes the use of federal eminent domain and the invocation of the Defense Production Act when necessary.

The Order further instructs the U.S. Environmental Protection Agency (EPA), in consultation with the U.S. Department of Energy (DOE), to consider issuing an emergency fuel waiver that would allow the nationwide, year-round sale of gasoline containing 15% ethanol (E15). While similar emergency waivers have been issued by prior administrations, President Trump’s immediate directive to evaluate this measure underscores a clear commitment to promote flexibility in fossil-based fuel consumption while supporting the broader goal of securing energy independence.

Accelerating Energy Infrastructure Development
The Order directs federal agencies to expedite the completion of energy, infrastructure, environmental and national resources projects that are already authorized or appropriated. The Order identifies Alaska, the West Coast, and the Northeast as priority regions where focused efforts are required to facilitate the supply, refining and transportation of energy resources.

To minimize delays, the Order mandates the involvement of the U.S. Army Corps of Engineers (Army Corps), in coordination with other federal agencies, to identify planned or potential actions supporting domestic energy supply that may be subject to regulations and nationwide permits promulgated by the Army Corps or jointly by the Army Corps and EPA. These emergency Army Corps permitting provisions derive from the following statutes:

• Clean Water Act: Requires a permit issued by the Army Corps to discharge dredged or fill material into waters of the U.S. This includes materials excavated from waterways, incidental fallback, and substances used to elevate or replace aquatic areas, often in connection with infrastructure or commercial development.
• Rivers and Harbor Act of March 3, 1899: Unauthorized activities include constructing structures, excavating material or depositing material into navigable waters unless recommended by the Chief of Engineers and authorized by the Secretary of the Army. Further, the permit extends regulatory oversight to artificial islands, installations and other devices located on the outer continental shelf.
• Marine Protection Research and Sanctuaries Act: Authorizing the Army Corps to issue a permit for the transportation of dredged material subsequently dumped into ocean waters.

Additionally, pursuant to the Endangered Species Act (ESA), the U.S. Department of the Interior (Interior) is tasked with convening the Endangered Species Act Committee (the Committee)—popularly referred to as the “God Squad,” a name derived in part from its authority to overrule ESA determinations made by the Fish & Wildlife Service within Interior and the National Marine Fisheries Service within the National Oceanic & Atmospheric Administration (NOAA)—at least quarterly to review and resolve applications for permits or licenses seeking ESA exemptions. The Committee, made up of high-ranking federal government officials from Interior, EPA and NOAA, as well as representatives from each affected state, must issue initial determinations of eligibility within 20 days of receiving an application and complete its review within 140 days of the initial determination. If no applications are pending, the Committee will prioritize identifying and addressing “obstacles to energy infrastructure development specifically deriving from implementation of the ESA or the Marine Mammal Protection Act.” The Order further authorizes emergency consultation processes under the ESA to streamline interagency coordination.

The Order directs all federal agencies to identify all planned or potential projects subject to the ESA within 30 days of the Order to designated executive agencies, with updates provided every 30 days for the duration of the energy emergency. This directive underscores the Administration’s intent to utilize regulatory exemptions to accelerate the development of critical energy infrastructure projects.

Defense and Infrastructure Coordination
Within 60 days of the Order (March 21, 2025), the secretaries of Energy, Interior and Defense must assess the Department of Defense’s ability to secure and transport the energy and fuels necessary for national security and military operations abroad. This assessment will identify key vulnerabilities, such as gaps in transportation and refining infrastructure, particularly in the West Coast and Northeast regions. To address these issues, the Secretary of the Army is directed to take necessary actions, with recommendations and updates to be submitted to the President’s national security and economic policy teams.

Federal Permitting Improvement Steering Council
The Order notably omits any mention of the Federal Permitting Improvement Steering Council (Permitting Council) and its potential involvement in expediting project approvals. The Permitting Council plays a key role in streamlining federal permitting and review processes for major infrastructure projects, which often encompass energy and critical infrastructure initiatives valued at over $200 million. As the Order preserves existing presidential authorities, the Administration may clarify or expand the Permitting Council’s role in future actions.

Practical Considerations and Next Steps
The Order represents a major shift in U.S. energy policy, presenting both opportunities and risks for energy producers, infrastructure developers, federal agencies and other stakeholders. While it signals a clear intent to streamline permitting processes, expand opportunities for infrastructure development in priority regions, and a greater use of regulatory exemptions to accelerate energy projects, it also has raised questions about the scope of executive authority and presents potential legal challenges as agencies implement its directives. Stakeholders should prepare for an evolving regulatory framework that will require proactive engagement and adaptability to address compliance at both the federal and state levels. As the Administration releases further guidance and agencies implement the Order, it will be critical to monitor developments closely and assess how these changes impact business operations and investment strategies. Anthony Cavender, Jeffrey Merrifield, Craig Saperstein, Ashleigh Myers, Sid Fowler and Pillsbury’s experienced attorneys are prepared to provide tailored strategies to navigate this shifting regulatory landscape, ensuring compliance while leveraging opportunities created by these regulatory shifts.