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EO 13868Executive OrderTrump 45 · R Quiet signal

Executive Order 13868

Promoting Energy Infrastructure and Economic Growth

This executive order directs federal agencies to streamline permitting and reduce regulatory barriers for energy infrastructure projects, particularly oil, gas, and LNG facilities. It mandates specific rulemakings and guidance updates regarding Clean Water Act Section 401 certifications, LNG safety regulations and rail transport, rights-of-way renewals on federal lands, and requires multiple reports on regional energy market barriers and investment trends.

Federal Register Open PDF 84 FR 15495

Impact dates

  1. 401 Implementing Agencies initiate rulemaking if necessary

  2. EPA final rules on Section 401

  3. DOT finalize updated Part 193 and LNG rail rules

  4. Interior/Agriculture/Commerce initiate expired rights-of-way renewals

  5. Labor Secretary complete ERISA energy investment and proxy voting reviews

  6. Transportation Secretary report on New England energy transport barriers

  7. Energy Secretary report on West Coast export limitations

  8. Energy Secretary report on Appalachian economic growth

  9. 401 Implementing Agencies update guidance

  10. EPA proposed rules on Section 401 for notice and comment

  11. DOT propose LNG rail tank car rule

  12. EPA guidance to states/tribes and agencies on Section 401

  13. Agency heads report on intergovernmental assistance authorities

Key directives

  • EPA to issue new Section 401 guidance to states/tribes within 60 days
  • EPA to publish proposed Section 401 rules within 120 days
  • EPA to finalize Section 401 rules within 13 months
  • 401 Implementing Agencies to update guidance within 90 days of EPA guidance completion
  • 401 Implementing Agencies to initiate rulemaking within 90 days of EPA rulemaking completion if necessary
  • DOT to finalize updated Part 193 LNG safety regulations within 13 months
  • DOT to propose LNG rail tank car rule within 100 days
  • DOT to finalize LNG rail rule within 13 months
  • Labor Secretary to complete ERISA energy investment review within 180 days
  • Labor Secretary to review proxy voting fiduciary guidance within 180 days
  • Interior/Agriculture/Commerce to develop master agreement for rights-of-way renewals
  • Interior/Agriculture/Commerce to initiate renewal processes for expired rights-of-way within 1 year

Who is ordered

Timeline

Immediate

  • EO signing establishes policy framework
  • Interagency review of authorities begins

Near term (90d)

  • EPA guidance to states/tribes due (60 days)
  • EPA proposed rules on Section 401 due for notice/comment (120 days)
  • DOT proposed rule on LNG rail transport due (100 days)
  • Interagency assistance report due (30 days)

Long term

  • EPA final Section 401 rules due (13 months)
  • DOT final LNG safety and rail rules due (13 months)
  • Rights-of-way renewal processes initiated (1 year)
  • Multiple sectoral and regional reports due (180 days)

Risks & tensions

  • Federal-state tension: EO explicitly targets state/local/tribal actions as barriers to energy infrastructure, particularly in New England and West Coast reports
  • Clean Water Act federalism conflict: Section 401 guidance and rulemaking could narrow state/tribal authority over water quality certifications
  • LNG rail transport safety concerns: Fast-tracked rulemaking (100 days to propose) may limit risk assessment for transporting hazardous materials through populated areas
  • ERISA fiduciary duty framing may discourage ESG investment considerations by retirement plans
  • Rights-of-way provision could accelerate fossil fuel infrastructure on federal lands with limited environmental review
  • Vague 'as appropriate' and 'to the extent permitted by law' qualifiers create implementation uncertainty
Executive Order 13868: Promoting Energy Infrastructure and Economic Growth · Executive Orders