EPA, Departments of Interior and Energy Announce New Coal-Friendly Policy Initiatives
On September 29, 2025, the Trump Administration unveiled a sweeping set of policy initiatives aimed at revitalizing the U.S. coal sector that spans multiple federal agencies and includes measures such as increased funding and financial incentives, relief from environmental regulatory requirements, and increased access to public lands. In the unveiling, the Administration emphasized the importance of American “energy dominance” and the increased demand for electricity to power artificial intelligence (AI) in order to ensure that the United States wins “the AI arms race” — two themes commonly highlighted by the Administration and its top officials.
Interconnection Reform Critical to the Efficiency of Energy Markets
The U.S. power grid is undergoing a period of rapid change, with federal agencies such as the Department of Energy (DOE) and the Federal Energy Regulatory Commission (FERC) initiating programs and regulatory actions to address the integration of new generation and transmission resources. According to a recent DOE report, the U.S. grid is facing the retirement of 104 GW of firm capacity (generation that can operate continuously) by 2030, and the planned addition of 209 GW of new generation in the same period. The White House is concerned that the retirement of “baseload” power plants will impede President Trump’s economic goals; as such, press reports say that the administration is expected to issue new emergency orders preventing fossil fuel plants from retiring.
U.S. Department of Energy: U.S. Grid Faces Urgent Reliability Challenges Amid AI-Driven Load Growth and Plant Retirements
A new report by the U.S. Department of Energy provides a comprehensive assessment of the adequacy and reliability of the U.S. electric grid and warns that without urgent reforms and investment, the U.S. electric grid will be unable to support the nation’s economic ambitions, particularly in artificial intelligence (“AI”) and digital infrastructure. The report responds to recent executive orders emphasizing the need for a uniform, data-driven approach to evaluating grid reliability, particularly in the face of accelerating power plant retirements and surging electricity demand from data centers and AI applications.
Department of Energy Blocks Shutdown of Coal-Fired Power Plant and Oil- and Gas-Fired Generator Units With Federal Emergency Orders
On May 23, 2025 and May 30, 2025, the Department of Energy (DOE) issued two emergency orders under its Federal Power Act (FPA) Section 202(c) authority effectively delaying the closure of two power plants. DOE Order No. 202-25-3 (hereinafter, the Campbell Order) requires the Midcontinent Independent System Operator (MISO) and Consumers Energy to “take all measures necessary” to ensure that the 1,560 MW coal-fired J.H. Campbell Power Plant (Campbell Plant) in West Olive, Michigan — originally slated for retirement on May 31, 2025 — is “available to operate” until the expiration of the order on August 21, 2025. DOE Order No. 202-25-4 (hereinafter, the Eddystone Order) similarly requires PJM Interconnection (PJM) and Constellation Energy to keep 760 MW of oil- and gas-fired peaking capacity — also set to retire on May 31, 2025 — at the Eddystone Generation Station (Eddystone Station) in Pennsylvania available until August 28, 2025. There is also the potential of extensions of these expiration dates.
Congress Passes ADVANCE Act to Facilitate U.S. Development of Advanced Nuclear Reactors
On June 18, 2024, the U.S. Senate passed the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy (ADVANCE) Act to accelerate the deployment of nuclear energy capacity, including by accelerating the licensing and creating new incentives for advanced nuclear reactor technologies, among them small modular reactors. The Senate introduced the ADVANCE Act in March 2023, and the House of Representatives passed the Fire Grants and Safety Act, which contains the ADVANCE Act, on May 8, 2024. Now that both houses have passed the Act, it will go to President Joe Biden for signature. Full text of the ADVANCE Act as passed by the Senate can be found here on page 4.
White House Releases Plan to Advance Nuclear Reactor Technologies
On May 29, 2024, the Biden administration announced the creation of a Nuclear Power Project Management and Delivery working group (Working Group), which is intended to accelerate the deployment of cost-effective nuclear reactor technology. The Working Group will include members of the White House and the U.S. Department of Energy (DOE) as well as other stakeholders, including project developers, engineering, procurement, and construction firms, utilities, investors, labor organizations, academics, and nongovernmental organizations.
Joint Office of Energy and Transportation Names Electric Vehicle Working Group Members
On August 3, 2023, the Joint Office of Energy and Transportation — created through the Bipartisan Infrastructure Law to facilitate collaboration between the U.S. Departments of Energy (DOE) and Transportation (DOT) — officially announced the members of its Electric Vehicle (EV) Working Group, an independent advisory board. Parties interested in the growth of EVs in the United States should take note of the group, which will coordinate and consult on the development, adoption, and integration of EVs into the transportation and energy systems of the United States.
U.S. Department of Energy Releases Critical Materials Assessment for Public Comment
On May 30, 2023, the U.S. Department of Energy (DOE) issued for public comment its draft Critical Materials Assessment. In the draft assessment, DOE characterized 22 different materials as critical, near critical, or noncritical to the nation’s energy needs based on the importance of those materials to energy applications and supply risk. DOE uses its Critical Materials Assessment — which it anticipates updating every three years — to “prioritize research and development efforts to meet the nation’s energy needs while reducing reliance on materials with high supply risk.” DOE explained that inclusion of a material on the critical materials for energy list may inform critical minerals Research Development, Demonstration, and Commercial Application (RDD&CA) Program priorities and eligibility for the Inflation Reduction Act Qualifying Advanced Energy Project Section 48C tax credits.
Biden Administration Unveils New Cybersecurity Strategy, Emphasizes Grid Security
On March 2, 2023, the Biden administration unveiled a new National Cybersecurity Strategy that includes various initiatives to protect U.S. energy infrastructure from attacks. The White House strategy comes on the heels of several high-profile attacks on U.S. substations and at a time when federal regulators have placed increased focus on the security of the U.S. energy grid.
DOE Announces Over $4B in Energy Transition Project Tax Credit and Grant Programs
The U.S. Department of Energy (DOE), alongside the Internal Revenue Service (IRS) and Department of the Treasury, has announced plans to implement programs funded by the Inflation Reduction Act and the Bipartisan Infrastructure Law: the Low-Income Communities Bonus Credit Program (48(e)), the Qualifying Advanced Energy Project Credit (48C)), and the Advanced Energy Manufacturing and Recycling Grant Program. Together, these programs will make available more than $4 billion in federal tax credits and grants for energy transition projects in an effort to “accelerate domestic clean energy manufacturing and ensure traditionally underserved communities benefit from clean energy technologies.”
