Declaring a National Energy Emergency
Executive Order 14156, titled Declaring a National Energy Emergency, proclaims a national energy emergency under the National Emergencies Act and directs federal agencies to mobilize all available emergency authorities to secure and accelerate the United States’ energy production, transport, refining, and generation. The order frames energy insecurity as a national security and economic threat and sets out a broad, accelerated response. It envisions using urgent regulatory flexibilities, potential emergency waivers, and interagency coordination—potentially including actions under the Defense Production Act and, if necessary, eminent domain—to expand domestic energy resources and infrastructure. It also directs expedited permitting and more rapid consideration of energy projects, with special emphasis on reducing bottlenecks in the Northeast and West Coast, and it creates mechanisms to speed up environmental and wildlife regulatory processes only to the extent permitted by law. The order creates specific, time-bound tasks for agencies: identify and exercise emergency authorities to facilitate energy production and transport; consider year-round E15 gasoline waivers to address shortfalls; fast-track energy infrastructure and pipelines; use emergency provisions under the Army Corps of Engineers’ permitting programs; apply Endangered Species Act emergency consultation procedures; coordinate with the Department of Defense on energy security vulnerabilities and, if needed, invoke construction authorities under Title 10 to address those vulnerabilities. It also establishes reporting obligations to White House offices and ongoing interagency review, while clarifying that the order does not create new legal rights and is subject to existing law and appropriations.
Key Points
- 1Emergency declaration and mobilization authorities: Declares a national energy emergency and authorizes the heads of agencies to identify and use emergency authorities (including potential use of eminent domain and Defense Production Act powers) to identify, lease, site, produce, transport, refine, and generate energy resources.
- 2Energy supply actions and waivers: Directs rapid actions to boost energy supply and allows, where lawful, the Environmental Protection Agency to consider emergency fuel waivers such as year-round sale of E15 gasoline to address shortfalls.
- 3Expedited energy infrastructure: Orders agencies to expedite energy infrastructure projects and related development, with a focus on improving energy supply nationwide and addressing vulnerabilities on the West Coast, the Northeast, and Alaska.
- 4Regulatory flexibility for permitting and environmental reviews: Creates emergency permitting provisions through the Army Corps of Engineers under the Clean Water Act and related statutes to speed up projects; directs use of emergency Endangered Species Act consultation procedures where permissible; requires regular reporting on actions and statuses.
- 5Coordinated interagency and defense coordination: Reaches into the Department of Defense to assess energy vulnerabilities and, if needed, makes construction authorities (section 2808) available to fix identified vulnerabilities; requires these actions to be reported up to the President and White House policy offices.