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
