A New Federal Permitting System on the Horizon: How Trump’s Executive Order Prioritizes Streamlining Federal Permits and Emphasizes American Energy Investments

On January 20, 2025, President Trump issued an Executive Order (EO) titled “Unleashing American Energy,” aimed at prioritizing the expansion of energy production on federal lands and waters. This includes American territory on the Outer Continental Shelf, which is intended to lead to an increase in offshore drilling. 

The EO revokes Biden-era Executive Orders focused on climate action, renewable energy, and environmental regulations, such as Executive Orders 1399, 13992, 14008, 14007, 14013, 14027, 14013, 14027, 14030, 14037, 14057, 14072, 14082, and 14096.  This EO promotes American consumer choice in vehicles, energy sources, and a variety of goods and appliances.  It also emphasizes that regulatory rules should prioritize the interest of American people on the global stage.

In addition, the EO requires that:

• all executive departments and agencies provide an opportunity for public comment and peer-reviewed scientific analysis;
• the Council on Environmental Quality provide new guidance to expedite the National Environmental Policy Act (NEPA) review process and to propose rescinding existing NEPA regulations that hinder efficient permitting;
• the heads of all relevant agencies (Defense, Interior, Agriculture, etc.) eliminate delays within their respective permitting processes;
• NEC and Director of the Office of Legislative Affairs prepare recommendations to Congress that will (i) facilitate the permitting and construction of interstate energy transportation and (ii) streamline the federal permitting process and judicial review;
• departments only consider legislated obligations when issuing federal permits;
• the Secretary of Energy expedite the approval of liquefied natural gas export applications; and
• the U.S. Geological Survey update its list of critical minerals and accelerate efforts to locate new mineral deposits within the United States.

Lastly, the EO pauses disbursements of funds under the Inflation Reduction Act of 2022 and the Infrastructure Investment and Jobs Act until the Director of the Office of Management and Budget determines that such disbursements align with this EO’s objectives.

KEY TAKEAWAYS:

The EO:

1. repeals Biden-era wind and solar energy initiatives and pauses fund disbursements under the Green New Deal legislation to increase American competitiveness in the global energy and mineral markets;
2. directs federal agencies to expedite federal energy permitting; and
3. directs federal agencies to increase mining and processing of critical minerals within the United States.