Legal and Policy Implications of President Trump’s Declaration of a National Energy Emergency

On January 20, 2025, President Donald Trump issued Executive Order (EO) 14156, declaring a national energy emergency. The EO directs federal agencies to invoke emergency powers to accelerate the identification, leasing, production, and transportation of domestic energy supply and infrastructure, with a focus on crude oil, natural gas, coal, and uranium. Citing high energy prices and national security risks, the EO raises significant legal and policy questions about presidential authority, the scope of agency powers to implement the EO, and the potential of the EO to meaningfully affect infrastructure development and achieve the EO’s goals.

Credit(s)

2

Duration

91 minutes

The President’s legal authority to declare the energy emergency and the implications for presidential power and future administrations.
The scope of emergency powers under the Endangered Species Act, Clean Water Act, and Rivers and Harbors Act, and their implications for expedited permitting and environmental protections.
The scope of industries implicated by the EO and, particularly, the EO’s inclusion of critical minerals and exclusion of wind and solar from the definition of “energy.”
The implications of including both public and private lands in the EO and of referencing eminent domain and the Defense Production Act.
The factual bases for the emergency declaration and whether the EO’s measures can and will meaningfully address the emergency.

This session will provide critical insights into the consequences of the emergency declaration, the EO, and their broader implications for the energy sector.

Speakers

Credits

Materials

1 CLE Credit(s) – Approval ID: CO 858860

This course has been accredited for CLE credit in Colorado. CLE credit hours shown are for Colorado only. A CLE course number for Colorado will be provided to attendees on their certificates of attendance once a course has been completed. New Mexico attorneys who complete a course must notify us (cle@rmmlf.org) because we are required to report credits for you. If this course has been approved for RPL/CPL credit with the American Association of Professional Landmen (AAPL), the credits will be listed below in a separate section for AAPL. If applicable, Component Codes for AAPL recertification will also be provided. Please contact RMMLF if you need independent verification by the provider of your attendance or participation for CLE purposes. Except as provided above, RMMLF generally does not apply for accreditation from any other MCLE/CPD organizations for its online legal education program. Upon completion of a program a certificate of attendance will be issued to all attendees. Except as provided above, attendees must verify with their respective state bars and CPD organizations and their specific rules as to whether or not the certificate of attendance will be recognized by that body for MCLE/CPD purposes, and the number of CLE/CPD credits that may be available. The live presentation of the on-demand program has been accredited in most mandatory states as part of a larger course, but such accreditation does not assure recognition of the on-demand program.