K&L Gates law firm assesses Trump’s energy emergency order

US Policy and Regulatory Alert – Date: 22 January 2025

By David J. Raphael, Samuel R. Boden, Matthew H. Leggett, Laurie B. Purpuro, John W. Northington Jr., Cliff L. Rothenstein, Tim L. Peckinpaugh, Andrew H. Tabler, and Varu Chilakamarri

On 20 January 2025, President Trump issued an Executive Order declaring a National Energy Emergency (Order).1 Under the National Emergencies Act,2 the president may declare a national emergency that allows the government to use statutory authorities that are reserved for times of national emergencies. In other words, a national emergency declaration does not suspend or change the law except as permitted by applicable statutory emergency authorities. The relevant statutory emergency authorities are discussed below.

In summary, the Order directs agencies to utilize their statutory emergency powers to speed up development and authorization of energy projects. Notably, however, the Order defines “energy” as: “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.” As such, the Order does not apply to solar, wind, batteries, or other energy sources not contained in the definition of “energy.”

The Order contains six substantive provisions:

Emergency Approvals

The Order directs the heads of executive departments and agencies to identify authorities to facilitate domestic energy production on Federal and other lands, including Federal eminent domain authorities and authorities under the Defense Production Act.3 This provision also directs the Environmental Protection Agency (EPA) to consider issuing emergency fuel waivers to allow the year-round sale of E15 gasoline.4

Expediting the Delivery of Energy Infrastructure

The Order directs agencies to use all relevant lawful emergency and other authorities to: (a) expedite the completion of authorized and appropriate energy projects; (b) facilitate energy production and transportation through the West Coast, Northeast, and Alaska; and (c) report on these activities to the Assistant to the President for Economic Policy.

Emergency Regulations and Nationwide Permits Under the Clean Water Act and Other Statutes Administered by the Army Corps of Engineers

The Order directs the heads of all agencies to identify planned or potential actions to facilitate energy production that may be subject to the Army Corps emergency permitting provisions and use these authorities to facilitate the nation’s energy supply.5 The Order also requires agencies to report on evaluations under this provision and directs the Army Corps and EPA to promptly coordinate with agencies regarding application of Army Corps permitting provisions.

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Trump just declared an ‘energy emergency.’ What does it mean?

In Day 1 executive orders, President Donald Trump withdrew from the landmark climate accord and pushed to dismantle his predecessor’s environmental agenda.


By Maxine Joselow, Chico Harlan and Evan Halper, Washington Post

During his first moments as the nation’s 47th president Monday, Donald Trump moved to withdraw the United States from the Paris agreement, boost domestic fossil fuel production and reverse many of former president Joe Biden’s signature efforts to combat climate change and other pressing environmental problems.

The flurry of executive orders drew cheers from the fossil fuel industry but raised fears among U.S. allies about the future of global climate initiatives. The United States ranks as the largest historical emitter of planet-warming greenhouse gases, and its exit from the Paris accord threatens to derail emissions-cutting efforts during a critical four-year period.

Nations pledged in 2015 to limit global temperature rise to 1.5 degrees Celsius (2.7 degrees Fahrenheit) above preindustrial levels — a crucial threshold for averting the most catastrophic climate impacts. But scientists recently confirmed that 2024 was the first year to surpass this threshold — and the hottest year on record.

Trump signed an executive order pulling out of the Paris climate accord during an event with supporters at Capital One Arena in D.C. He slammed the accord as “unfair” and “one-sided,” prompting loud applause from the crowd.

Later on Monday in the Oval Office, Trump signed additional executive orders declaring a “national energy emergency,” boosting oil and gas drilling in Alaska, “unleashing American energy” and stopping new offshore wind projects in federal waters. It was not immediately clear what government actions the energy emergency would entail, although Trump allies have suggested it could allow federal agencies to quickly approve pipelines and other fossil fuel infrastructure deemed important to national security.

In the orders, Trump directed agencies to review dozens of Biden’s environmental policies and, if possible, quickly reverse them. He instructed the Energy Department to end the Biden administration’s pause on approving new facilities that export liquefied natural gas, and he instructed the Interior Department to lift restrictions on oil and gas drilling across millions of acres of federal lands in Alaska, including in the Arctic National Wildlife Refuge.

“We will drill, baby, drill,” Trump declared in his second inaugural address Monday, adding that the United States has “the largest amount of oil and gas of any country on Earth, and we are going to use it.” (In fact, Venezuela and Saudi Arabia have the biggest oil reserves, according to the U.S. Energy Information Administration.)

It is common for presidents to sign executive orders on their first day that reverse some of their predecessors’ decisions. But the contrast between Biden’s climate legacy and Trump’s energy agenda is particularly pronounced, heralding a seismic shift in policy across the federal government.

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Justice Department says it will prosecute local officials over immigration enforcement

The directives to Justice Department employees could face fierce blowback from legal advocacy groups and officials in cities and states led by Democrats.


By Maria Sacchetti and Jeremy Roebuck, Washington Post

The Trump administration late Tuesday directed federal prosecutors nationwide to investigate and potentially prosecute state and local officials who don’t cooperate with the president’s plans to carry out the largest mass deportation campaign in U.S. history, according to a document obtained by The Washington Post.

In a memo to Justice Department employees, acting deputy Attorney General Emil Bove wrote that the Supremacy Clause of the Constitution,and other legal authorities, “require state and local actors to comply with the Executive Branch’s immigration enforcement initiatives.”

“Federal law prohibits state and local actors from resisting, obstructing, and otherwise failing to comply with lawful immigration-related commands,” wrote Bove, a former federal prosecutor who spent recent years in private practice and was one of President Donald Trump’s defense lawyers in his criminal cases.

Bove ordered U.S. attorneys’ offices nationwide to “investigate incidents involving any such misconduct for potential prosecution,” including for harboring an immigrant in the United States illegally, failing to share information about a person’s immigration status with the federal government, and conspiracy — crimes that carry potential prison terms upon conviction.

Any refusals to prosecute someone for “resistance, obstruction or other noncompliance” with commands or requests from U.S. immigration officers will be sent to the Justice Department as an “urgent” report, the memo says.

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The limits to Trump’s offshore energy plans

By SHELBY WEBB, Politico, 1/21/2025 06:00 PM EST

Donald Trump has been president for little more than a day, but his vision for the federal coastline is already clear: less wind, more oil.

One of Trump’s first actions after his inauguration Monday was to halt all new leases and permits for offshore wind projects and to direct the incoming Interior secretary to review existing permits to determine if they warrant “terminating or amending.”

He also issued an executive order that aims to revoke an eleventh-hour bid by the Biden administration to block offshore oil and gas drilling within 625 million acres of federal waters, including in the eastern Gulf of Mexico, the Atlantic, the Pacific and most of the Bering Sea in Alaska.

But what Trump can and can’t do offshore could be limited by legal challenges — and political realities.

Read the full story here

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NYDEC to Hold Jan 23 Virtual Public Information Session About Air Quality at Goodyear Tire & Rubber Co., Niagara Falls


The New York State Department of Environmental Conservation (DEC) announced it is holding a virtual public information session at 6 p.m. on Thursday, Jan. 23, regarding the ongoing oversight of Goodyear Tire & Rubber Co., in the city of Niagara Falls and recent DEC enforcement action. DEC will be joined by officials from the State Department of Health (DOH) and U.S. Environmental Protection Agency (EPA).   

“DEC’s goal is to keep the community informed about the actions we are taking, oversight we are providing, and how we are working to ensure public health is, and will continue to be, protected in the area around the Goodyear Tire & Rubber facility in Niagara Falls,” Interim Commissioner Sean Mahar said. “The January 23 information session will provide an opportunity for community residents and other stakeholders to ask questions and hear directly from DEC’s air quality experts who will update the community about ongoing efforts to hold Goodyear accountable and protect public health.”

DEC entered into an Order on Consent with Goodyear Tire & Rubber Co. on Jan. 14, 2025, that requires short- and long-term state-of-the-art pollution control technology to further protect Niagara Falls residents. The order includes a civil penalty and requires Goodyear to undertake operational modifications that will further reduce off-site concentrations of ortho-toluidine and result in short- and long-term reductions in emissions. Based on available data, including results from a 2022 stack test, emissions from the Goodyear facility have not been shown to pose a significant or immediate risk to public health. 

New York State DEC and DOH are committed to ongoing oversight of the Goodyear facility to ensure the protection of the environment and public health. 

DEC is holding the public information session to present information about the consent order and the status of Goodyear’s permit renewal, as well as to provide an opportunity for the public to ask questions. 

To join the virtual session on Thursday, Jan. 23, 2025, from 6 p.m. – 8 p.m.:  

  • Visit this link to register
  • Once registered, participants will immediately receive a link to join, as well as a phone number to dial in for an audio option. 

For additional information on how to participate in a virtual meeting, please visit DEC’s public participation webpage. 

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