Department of Energy

Note: On January 20, 2025, President Trump issued a memorandum instituting a regulatory freeze, preventing agencies from issuing proposals or rules pending review by Trump-appointed agency heads. On January 31, 2025, President Trump issued Executive Order 14192, directing agencies to identify 10 existing regulations to eliminate for each new regulation they promulgate.

Department of Energy

Energy Conservation Standards for Appliances and Equipment

The Energy Policy and Conservation Act (“EPCA”), Title III, Parts B and C (42 U.S.C. 6291-6317) established the Energy Conservation Program for Consumer Products and Certain Industrial Equipment.This program consists essentially of four parts: (1) testing; (2) certification and enforcement procedures; (3) establishment of Federal energy conservation standards; and (4) labeling of consumer products. Consumer products regulated under EPCA are referred to generally as “covered products.” In addition to specifying a list of consumer products that are covered products, EPCA authorizes the Secretary of Energy to classify additional types of consumer products as covered products.

EPCA provides that, not later than 6 years after the issuance of any final rule establishing or amending an energy conservation standard, DOE must publish either a notice of determination that the standard does not need to be amended, or a notice of proposed rulemaking including new proposed energy conservation standards (proceeding to a final rule, as appropriate). (42 U.S.C. 6295(m)(1)). 

 

Biden Administration (2021-2025)

On January 21, 2025, DOE published a final rule amending and correcting energy conservation standards for various consumer products and commercial and industrial equipment. 90 Fed. Reg. 6,784 (Jan. 21, 2025).

Consumer Gas-fired Instantaneous Water Heaters

On December 26, 2024, DOE issued a final rule adopting amended energy conservation standards for gas-fired instantaneous water heaters. (89 Fed. Reg. 105188, Dec. 26, 2024)

Walk-In Coolers and Walk-In Freezers

On December 23, 2024, DOE issued a final rule adopting amended energy conservation standards for walk-ins. (89 Fed. Reg. 104616, Dec. 23, 2024)

Air-Cooled Commercial Package Air Conditioners and Heat Pumps

On May 20, 2024, DOE issued a final rule adopting amended energy conservation standards for air-cooled commercial package air conditioners and heat pumps with a rated cooling capacity greater than or equal to 65,000 Btu/h. (89 Fed. Reg. 43770, May 20, 2024)

Miscellaneous Refrigeration Products

On May 7, 2024, DOE issued a final rule adopting amended energy conservation standards for miscellaneous refrigeration products. (89 Fed. Reg. 38762, May 7, 2024)

Consumer Water Heaters

On May 6, 2024, DOE issued a final rule adopting amended energy conservation standards for consumer water heaters. (89 Fed. Reg. 37778, May 6, 2024)

Dishwashers

On April 24, 2024, DOE issued a final rule adopting amended energy conservation standards for dishwashers. (89 Fed. Reg. 31398, Apr. 24, 2024). On June 13, 2024, two individuals filed a lawsuit in the federal district court for the Northern District of Texas to compel DOE to issue new water efficiency standards for dishwashers and clothes washers. (See Word v. U.S. Department of Energy in "Litigation" below).

Previously, on August 3, 2021, DOE proposed revoking an October 2020 rule that established a new product class for standard residential dishwashers with a cycle time for the normal cycle of one hour or less from washing through drying. The revocation was finalized on January 19, 2022. (87 Fed. Reg. 2763, Jan. 19, 2022).

Distribution Transformers

On April 22, 2024, DOE issued a final rule adopting amended energy conservation standards for distribution transformers. (89 Fed. Reg. 29834, Apr. 22, 2024)

Light Bulbs

On April 19, 2024, DOE issued a final rule adopting amended energy conservation standards for general service lamps. (89 Fed. Reg. 28856, Apr. 19, 2024)

Previously, on May 9, 2022, the DOE finalized a rule reversing the previous administration’s rollback of energy conservation standards for light bulbs. In the final rule, DOE codified a 45 lumens per watt (“lm/W”) backstop energy efficiency requirement for general service lamps that Congress prescribed in EPCA.  (87 Fed. Reg. 27439, May 9, 2022)

Residential Clothes Washers

On March 15, 2024, DOE issued a final rule adopting amended energy conservation standards for residential clothes washers. (89 Fed. Reg. 19026, Mar. 15, 2024) On June 13, 2024, two individuals filed a lawsuit in the federal district court for the Northern District of Texas to compel DOE to issue new water efficiency standards for dishwashers and clothes washers. (See Word v. U.S. Department of Energy in "Litigation" below).

Consumer Clothes Dryers

On March 12, 2024, DOE issued a final rule adopting amended energy conservation standards for consumer clothes dryers. (89 Fed. Reg. 18164, Mar. 12, 2024)

Consumer Conventional Cooking Products

On February 14, 2024 DOE issued a final rule adopting amended energy conservation standards for consumer conventional cooking products. (89 Fed. Reg. 11434, Feb. 14, 2024)

On October 14, 2024, Mississippi and six other states filed a petition for review of this rule. (See Mississippi v. U.S. Department of Energy in "Litigation" below)

Refrigerators, Refrigerator-Freezers, and Freezers

On January 21, 2025, DOE published a final rule adopting amended energy conservation standards for refrigerators, refrigerator-freezers, and freezers. 90 Fed. Reg. 7,464 (Jan. 21, 2025).

On January 17, 2024, DOE issued a final rule adopting amended energy conservation standards for refrigerators, refrigerator-freezers, and freezers. 89 Fed. Reg. 3026, Jan. 17, 2024.

Consumer Furnaces

On December 18, 2023, DOE issued a final rule adopting amended energy conservation standards for consumer furnaces, specifically non-weatherized gas furnaces and mobile home gas furnaces. (88 Fed. Reg., 87502, Dec. 18, 2023)

Commercial Water Heating Equipment

On October 6, 2023, DOE issued a final rule adopting amended energy conservation standards for commercial water heating equipment. (88 Fed. Reg. 69686, Oct. 6, 2023)

Dedicated Purpose Pool Pump Motors

On September 28, 2023, DOE issued a final rule adopting amended energy conservation standards for dedicated purpose pool pump motors. (88 Fed. Reg. 66966, Sept. 28, 2023)

Microwave Ovens

On June 20, 2023, DOE issued a final rule adopting amended energy conservation standards for microwave ovens. (88 Fed. Reg. 39912, June 20, 2023)

Electric Motors

On June 1, 2023, DOE issued a final rule adopting amended energy conservation standards for electric motors. (88 Fed. Reg. 36066, June 1, 2023)

Consumer Pool Heaters

On May 30, 2023, DOE issued a final rule adopting amended energy conservation standards for consumer pool heaters. (88 Fed. Reg. 34624, May 30, 2023)

Room Air Conditioners

On May 26, 2023, DOE issued a final rule adopting amended energy conservation standards for room air conditioners. (88 Fed. Reg. 34298, May 26, 2023)

Air Cleaners

On April 11, 2023, DOE issued a final rule adopting amended energy conservation standards for room air cleaners. (88 Fed. Reg. 21752, Apr. 11, 2023)

Commercial Prerinse Spray Valves

On June 6, 2022, DOE issued a final rule adopting amended energy conservation standards for prerinse spray valves. (87 Fed. Reg. 23067, June 6, 2022)

Washing Machines

On August 3, 2021, DOE proposed revoking a December 2020 DOE rule that created separate product classes for certain washing machines. The revocation was finalized on January 19, 2022. (87 Fed. Reg. 2673, Jan. 19, 2022)

First Trump Administration (2017-2021)

Light Bulbs

On December 27, 2019, DOE repealed the rule strengthening the energy efficiency standards for general service lamps. (84 Fed. Reg. 71626, Dec. 27, 2019)

Litigation

Efficiency Standard Litigation - Consumer Conventional Cooking Products

On October 14, 2024, Mississippi and six other states filed a petition for review in the Fifth Circuit Court of Appeals challenging DOE’s “Energy Conservation Standards for Consumer Conventional Cooking Products.” (Mississippi v. U.S. Department of Energy).

Efficiency Standard Litigation - Clothes Washers, Dryers, and Dishwashers

On June 13, 2024, two individuals filed a lawsuit in the federal district court for the Northern District of Texas to compel DOE to issue new water efficiency standards for dishwashers and clothes washers. The plaintiffs alleged that they were consumers who were harmed by recently adopted regulations regarding the water use of clothes washers and dishwashers. (Word v. U.S. Department of Energy).

Efficiency Standard Litigation - Boilers

On March 9, 2020, the American Gas Association filed suit in the DC Circuit Court of Appeals to  challenge energy conservation standards for commercial packaged boilers that were more stringent than ASHRAE standards. On June 1, 2022, the D.C. Circuit Court of Appeals denied a motion to vacate the rule. (American Public Gas Association v. U.S. Department of Energy).

On March 17, 2021, eleven states, the District of Columbia, and the City of New York filed suit in the Second Circuit Court of Appeals challenging final Energy Conservation Program rules adopted during the Trump Administration for residential furnaces and commercial water heaters. The case was held in abeyance pending agency action, and the case has been continuously stayed since then. (New York v. U.S. Department of Energy).

Timelines for Energy Efficiency Standards

In October 2020, NGOs and states filed a lawsuit alleging that DOE had failed to publish final rules concerning energy conservation standards for 25 categories of consumer products and industrial equipment by deadlines specified by EPCA. In September 2022, the federal district court for the Southern District of New York ordered a consent decree. Since the plaintiffs filed their lawsuits, DOE had promulgated final rules for five categories of products. The consent decree established deadlines that DOE agreed to meet for the remaining 20 product categories, which include residential clothes dryers and washers, water heaters, and dishwashers. (Natural Resources Defense Council v. Granholm).

Efficiency Standard Litigation - Light bulbs

In February 2020, states filed a petition for review in the Second Circuit Court of Appeals seeking review of DOE’s December 2019 final rule concerning energy conservation standards for general service incandescent lamps. DOE finalized a determination that more stringent amended standards would not be economically justified. (New York v. U.S. Department of Energy). Seven organizations led by Natural Resources Defense Council filed a separate petition challenging the final rule.

Failure to Publish

In June 2017, eleven states, New York City, and several NGOs filed a complaint in the federal district court for the Northern District of California challenging the DOE’s failure to publish final energy efficiency standards for five categories of appliances and industrial equipment: (1) portable air conditioners, (2) uninterruptible power supplies, (3) air compressors, (4) walk-in coolers and freezers, and (5) commercial packaged boilers. In October 2019, the Ninth Circuit Court of Appeals affirmed an order directing DOE to publish the conservation standards. The Ninth Circuit agreed with a district court that a U.S. Department of Energy (DOE) regulation imposed a non-discretionary duty on DOE to publish four energy conservation standards approved by DOE at the end of the Obama administration. (Natural Resources Defense Council v. Perry).

 

Biden Administration (2021-2025)

Light Bulbs

On May 9, 2022, DOE reinstated rescinded definitional rules pertaining to “general service lamps” and “general service incandescent lamps” to expand the types of light bulbs that will be covered by more stringent energy efficiency standards. (87 Fed. Reg. 27461, May 9, 2022).

Furnaces

On August 17, 2021, DOE proposed to reinstate a previous interpretation of energy conservation standards pertaining to residential furnaces and commercial water heaters. On December 29, 2021, DOE finalized the August 2021 proposal, reversing a January 2021 final rule that aimed to block future administrations from making gas-fired water heaters, furnaces, and boilers subject to more stringent energy conservation standards.

Final Determination of Miscellaneous Gas Products as a Covered Consumer Product

On September 6, 2022, DOE issued a final rule determining that miscellaneous gas products (“MGPs”), which are comprised of decorative hearths and outdoor heaters, qualify as covered products under Part A of Title III of EPCA. (87 Fed. Reg. 54330, Sept. 6, 2022).

Final Determination of Portable Electric Spas as a Covered Consumer Product

On September 2, 2022, DOE issued a final rule determining that portable electric spas qualify as covered products under Part A of Title III of EPCA, and so are subject to energy efficiency standards. (87 Fed. Reg. 54123, Sept. 2, 2022)

First Trump Administration (2017-2021)

Light Bulbs

On September 5, 2019, DOE repealed an Obama Administration rule extending energy efficiency standards to new classes of light bulbs. (84 Fed. Reg. 46661, Sept. 5, 2019)

Furnaces

On January 14, 2021, DOE issued a final rule designed to block future administrations from making gas-fired water heaters, furnaces, and boilers more efficient. Many gas-fired water heaters, furnaces, and boilers currently allow a significant amount of heat to be wasted through venting, but some models use condensing technology to capture heat and prevent waste. In response to a petition from industry groups, filed in 2018, the final rule defines condensing and non-condensing equipment as separate categories with separate efficiency standards. The final rule further provides that non-condensing technology, which requires venting, is a performance-related "feature" that cannot be eliminated through adoption of an energy conservation standard. 

By creating two separate classes -- one for models with condensing capabilities and one for models without such capabilities -- DOE has limited future administrations' ability  to require condensing equipment for all gas-fired water heaters, furnaces and boilers.

Washing Machines

On December 16, 2020, DOE established separate product classes for certain washing machines under EPCA. The new classes include top-loading residential clothes washers, front-loading residential clothes washers that offer cycle times for a normal cycle of less than 45 minutes, and consumer clothes dryers that offer cycle times for a normal cycle of less than 30 minutes. Energy efficiency advocates expressed concern that the new classifications would allow washers and dryers with shorter cycles to avoid more stringent energy conservation standards.

This regulation was challenged in court by environmental groups. (See California v. U.S. Department of Energy in "Litigation" below).

Dishwashers

On October 30, 2020, the Department of Energy (DOE) established a new product class for standard residential dishwashers with a cycle time for the normal cycle of one hour or less from washing through drying under the Energy Policy and Conservation Act. Energy efficiency advocates expressed concern that the new classification would allow dishwashers with shorter cycles to avoid more stringent standards.

This regulation was challenged in court by environmental groups. (See Natural Resources Defense Council, Inc. v. U.S. Department of Energy in "Litigation" below).

Obama Administration (2009-2017)

Light Bulbs

On September 5, 2019, DOE issued a redefinition of "general service lamps," extending energy efficiency standards to new classes of light bulbs. (82 Fed. Reg. 7276, Jan. 19, 2020; 82 Fed. Reg. 7322, Jan. 19, 2020)

Litigation

Clothes Washers, Dryers, and Dishwashers

On March 17, 2022, twelve states filed suit in the Fifth Circuit Court of Appeals challenging DOE’s repeal of energy conservation standards for dishwasher and laundry machines with shorter cycle times. The standards were issued in 2020 during the Trump administration and repealed in 2022 during the Biden Administration. On January 8, 2024, the Fifth Circuit Court of Appeals held that DOE acted arbitrarily and capriciously when it repealed the standards (Louisiana v. U.S. Department of Energy).

On January 19, 2021, states and environmental groups challenged the DOE rule creating new product classes for short cycle washers and dryers in the energy conservation program. (California v. U.S. Department of Energy).

On December 29, 2020, the Natural Resources Defense Council (NRDC) and others filed a petition for review in the Second Circuit Court of Appeals to challenge the U.S. Department of Energy rule establishing a new product class for residential dishwashers. (Natural Resources Defense Council, Inc. v. U.S. Department of Energy).

Furnaces

In February 2022, a petition for review was filed in the D.C. Circuit Court of Appeals challenging DOE’s final interpretive rule regarding what constitutes a “feature” for purposes of establishing energy conservation standards under EPCA. The final rule reinstated, for residential furnaces, commercial water heaters, and similar products, a long-standing interpretation under which heat exchanger technology used to supply heated air or hot water is not a performance-related “feature” that provides a distinct consumer utility. On April 8, 2022, the D.C. Circuit granted the petitioners’ unopposed motion to hold the case in abeyance pending issuance of final efficiency regulations issued in reliance on the interpretive rule. (American Gas Association v. U.S. Department of Energy).

Light Bulbs

In November 2019, two petitions for review were filed in the Second Circuit Court of Appeals to challenge DOE’s withdrawal of a final rule adopted in January 2017 that expanded the types of lightbulbs subject to backstop energy conservation standards that would take effect on January 1, 2020. In revoking the 2017 rule, DOE said it included certain “general service incandescent lamps” as “general service lamps” (the category of lightbulbs subject to the backstop standard) in a manner that was not consistent with the EPCA as amended by the Energy Independence and Security Act of 2007. The first petition was filed by 15 states, New York City, and the District of Columbia. The second petition was filed by six organizations that included environmental, consumer, and public housing tenant groups. The case was voluntarily dismissed in August 2022 (Natural Resources Defense Council v. U.S. Department of Energy).

 

Biden Administration (2021-2025)

Procedures, Interpretations, and Policies for Consideration in New or Revised Energy Conservation Standards and Test Procedures for Consumer Products and Commercial/Industrial Equipment

On April 8, 2024, DOE issued a final rule revising its procedures, interpretations, and policies for setting energy conservation standards. (89 Fed. Reg. 2434, Apr. 8, 2024)

Previously, on November 19, 2021, DOE published a final rule titled “Energy Conservation Program for Appliance Standards: Procedures, Interpretations, and Policies for Consideration in New or Revised Energy Conservation Standards and Test Procedures for Consumer Products and Commercial/Industrial Equipment.” The final rule reversed amendments to the process rule made in 2020 during the first Trump administration. In its 2021 final rule, DOE stated that its revisions are consistent with longstanding DOE practice and would remove unnecessary obstacles to DOE’s ability to meet its statutory obligations under EPCA.

First Trump Administration (2017-2021)

Process Rules

On January 16, 2020, DOE finalized amendments to its rules governing the process of developing energy conservation standards for appliances such as dishwashers and refrigerators. The amended process rule established a threshold for the amount of energy conservation required to trigger the process of updating standards that is likely to result in fewer updates in the future. The amendments also require DOE to codify private sector consensus standards for test procedures. 

On August 19, 2020, DOE finalized amendments on a separate but related process rule. The revised rule requires DOE to conduct a comparative analysis of the relative benefits and burdens of potential energy conservation standard levels in determining whether a specific energy conservation standard level is economically justified.

Litigation

Process Rule

In April 2020, states and NGOs filed petitions for review in the Ninth Circuit seeking review of DOE’s final rule establishing procedures for new or revised energy conservation standards and test procedures for consumer products and commercial/industrial equipment. In February 2021, the parties filed a consent motion seeking to hold the cases in abeyance for 150 days while the agency reviewed the rules pursuant to President Biden's Executive Order 13990. DOE included the rules in the list of 13 rules it is reviewing pursuant to the executive order. The proceedings have been regularly stayed since then. (California v. U.S. Department of Energy).

 

Biden Administration (2021-2025)

Waiver Rule

On December 14, 2021, DOE finalized a rule reversing a 2020 rule making it easier for manufacturers of appliances subject to federal energy efficiency requirements to acquire a temporary exemption from federal test procedure requirements. (86 Fed. Reg. 70945, Dec. 14, 2021). Among several changes, the 2021 rule removed a requirement (added in 2020) that that interim waivers from testing be automatically granted if DOE fails to notify the petitioner of the disposition of the petition within 45 business days of receipt of the petition. In its final rule, DOE stated that the 2020 rule risked “weaken[ing] energy conservation standards by allowing manufacturers to place noncompliant products in the market.”

First Trump Administration (2017-2021)

Waiver Rule

On May 1, 2019, DOE issued a proposal that would make it easier for manufacturers of appliances subject to federal energy conservation standards to acquire a temporary exemption from federal test procedure requirements. The rule was finalized on December 11, 2020. Under the final rule, a waiver request is deemed granted if DOE does not respond within 45 days.

Previously, on January 20, 2017, the Trump Administration issued a Presidential Memorandum entitled “Regulatory Freeze Pending Review” which directs all agencies to postpone the publication of new and pending regulations in order to give the new administration time to review those regulations. 

The memorandum indefinitely postpones the publication of four energy conservation standards finalized by DOE in December 2016 as part of the Energy Conservation Program. These are:

Shortly after the memorandum was issued, DOE also postponed the effective date of certain energy conservation standards that had already been published in the Federal Register until March 21, 2017:

On March 20, 2017, DOE further postponed the effective date of test procedures for walk-in coolers and freezers, central air conditioners and heat pumps, and compressors, and conservation standards for ceiling fans. On May 24, 2017, DOE published a notice announcing that the standards for ceiling fans would go into effect on September 30, 2017.

Litigation

Waiver Rule

On January 19, 2021, 14 states, Washington D.C., and New York City challenged DOE’s 2020 rule establishing an interim waiver process for test procedures for the energy efficiency program. (New York v. U.S. Department of Energy).

Energy Efficiency & Management Standards for Federal Buildings

Section 305 of the Energy Conservation and Production Act (“ECPA”) established energy conservation requirements for Federal buildings. 42 U.S.C. 6834. Section 433(a) of the Energy Independence and Security Act (“EISA”) amended section 305 of ECPA and directed DOE to establish regulations that require certain new Federal buildings and Federal buildings undergoing major renovations to reduce their fossil fuel-generated energy consumption. 42 U.S.C. 6834(a)(3)(D)(i). The fossil fuel-generated energy consumption reductions only apply to Federal buildings that: (1) are “public buildings” (as defined in 40 U.S.C. 3301) with respect to which the Administrator of General Services is required to transmit a prospectus to Congress under 40 U.S.C. 3307; or (2) those that cost at least $2,500,000 in costs adjusted annually for inflation. 42 U.S.C. 6834(a)(3)(D)(i).

Clean Energy for New Federal Buildings and Major Renovations of Federal Buildings

On May 1, 2024, DOE issued a final rule establishing energy performance standards for the new construction and major renovation of Federal buildings, including commercial buildings, multi-family high-rise residential buildings, and low-rise residential buildings. (89 Fed. Reg. 35384, May 1, 2024) The rule requires federal agencies to reduce their on-site use of fossil fuels (including coal, petroleum, natural gas, oil shales, bitumens, tar sands, and heavy oils) consistent with the targets in ECPA and EISA. The final rule also provides processes by which Federal agencies may petition DOE for a modification to the standards.

Biden Administration (2021-2025)

Clean Energy for New Federal Buildings and Major Renovations of Federal Buildings

On May 1, 2024, DOE issued a final rule establishing energy performance standards for the new construction and major renovation of Federal buildings, including commercial buildings, multi-family high-rise residential buildings, and low-rise residential buildings. (89 Fed. Reg. 35384, May 1, 2024) The rule requires federal agencies to reduce their on-site use of fossil fuels (including coal, petroleum, natural gas, oil shales, bitumens, tar sands, and heavy oils) consistent with the targets in ECPA and EISA. The final rule also provides processes by which Federal agencies may petition DOE for a modification to the standards.

Commercial and multi-family high-rise residential

On April 7, 2022, DOE updated its energy efficiency standards for new federal commercial and multi-family high-rise residential buildings under ECPA. (87 Fed. Reg. 20267, Apr. 7, 2022). The April 2022 rule updates the baseline Federal standard to the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) Standard 90.1-2019.

Low-Rise Residential

On April 5, 2022, DOE updated its baseline energy efficiency standards for the design and construction of new federal low-rise residential buildings under ECPA. (87 Fed. Reg. 19595, Apr. 5, 2022). The April 2022 rule updates the baseline federal residential standard to the International Code Council (ICC) 2021 International Energy Conservation Code (IECC).

Federal Building Policy

On May 17, 2021, the Biden administration announced a multi-pronged effort to advance energy efficiency and electrification in federal government buildings. The Council on Environmental Quality is launching an interagency federal sustainability effort with the General Services Administration, DOE, and the Environmental Protection Agency to develop the first-ever building performance standards for the federal government. The administration also announced new ENERGY STAR standards to advance heat pump technology and fast chargers for electric vehicles.

First Trump Administration (2017-2021)

Commercial and multi-family high-rise residential

On February 27, 2018, DOE issued an Order finalizing its determination that the 2016 edition of ANSI / ASHRAE / IES Standard 90.1 improves overall efficiency in buildings subject to the code, relative to the 2013 standards. (83 Fed. Reg. 8463, Feb. 27, 2018). Once DOE makes this determination, each state is required to certify, within two years, that it has reviewed and updated the provisions of its commercial building code regarding energy efficiency with respect to the revised or successor code and include in its certification a demonstration that the provisions of its commercial building code, regarding energy efficiency, meet or exceed the revised Standard.

Low-Rise Residential

On January 10, 2017, DOE published a final rule to update the energy efficiency standards for federal low-rise buildings. (82 Fed. Reg 2857, Jan. 10, 2017). On February 6, 2017, DOE postponed the effective date of energy efficiency standards that had already been published in the Federal Register, including the energy efficiency standards, in response to the Trump Administration’s order calling for a freeze of new and pending regulations.

Natural Gas Exports

DOE is responsible for authorizing exports of domestically produced natural gas, including liquified natural gas (LNG), to foreign countries under section 3 of the Natural Gas Act (NGA) (15 U.S.C. 717b). NGA section 3(a) authorizes the exportation of natural gas from the United States unless DOE determines that doing so “will not be consistent with the public interest.” Section 3(a) creates a rebuttable presumption that a proposed export of natural gas is in the public interest, and requires DOE to grant an export application unless DOE finds that the record in the proceeding of the application overcomes that presumption. Section 3(a) also authorizes DOE to attach terms or conditions to the order that the Secretary finds are necessary or appropriate to protect the public interest.

In the Energy Policy Act of 1992, Congress introduced a new section 3(c) to the NGA. Section 3(c) created a different standard of review for applications to export natural gas, including LNG, to those countries with which the United States has in effect a free trade agreement requiring the national treatment for trade in natural gas. Section 3(c) requires such applications to be deemed consistent with the public interest, and requires such applications to be granted without modification or delay.

On January 21, 2025, the acting Secretary of the Department of Energy announced that DOE was ending the Biden Administration's pause on reviewing applications to export LNG to countries without a free trade agreement. The announcement also extended a comment period on the Department's analysis of issues concerning LNG export. The Department's announcement noted that "[n]otwithstanding the goal of expeditious determinations, the importance of appropriate administrative records justifies an extension of the period for public comment."

Second Trump Administration (2025-2029)

On January 21, 2025, the acting Secretary of the Department of Energy announced that DOE was ending the Biden Administration's pause on reviewing applications to export LNG to countries without a free trade agreement. The announcement also extended a comment period on the Department's analysis of issues concerning LNG export. The Department's announcement noted that "[n]otwithstanding the goal of expeditious determinations, the importance of appropriate administrative records justifies an extension of the period for public comment."

Biden Administration (2021-2025)

Pause on Exports

On January 26, 2024, the Biden Administration announced a temporary pause on pending decisions on exports of LNG to non-FTA countries until DOE can update the underlying analyses for authorizations. On July 1, 2024, the federal district court for the Western District of Louisiana granted a motion by Louisiana and other states to stay the Biden administration’s pause on LNG export approvals. (See Louisiana v. Biden under "Litigation").

Policy Statement on Export Commencement Deadlines in Authorizations To Export Natural Gas to Non-Free Trade Agreement Countries

On April 26, 2023, DOE issued a policy statement reaffirming a seven-year deadline for authorization holders to commence exports of domestically produced natural gas, including LNG, to non-free trade agreement (non-FTA) countries set forth in long-term authorizations issued under the NGA. (88 Fed. Reg. 25272, Apr. 26, 2023) For existing and future non-FTA authorizations for the export of LNG, DOE announced it will allow authorizations to expire on the export commencement deadline and will not consider an application for an extension, unless the authorization holder demonstrates both that: it has physically commenced construction on the associated export facility, and its inability to comply with the existing export commencement deadline is the result of extenuating circumstances outside of its control.

First Trump Administration (2017-2021)

Natural Gas Export Regulation

On July 25, 2018, DOE issued a final rule (83 Fed. Reg. 35106, July 25, 2018) revising its regulations to specify that it will issue an export authorization upon receipt of a complete application to export natural gas to non-FTA countries with which trade is not prohibited by U.S. law or policy provided that the application satisfies two criteria:

  1. the application proposes to export natural gas in a volume up to and including 51.75 billion cubic feet (Bcf) per year (Bcf/yr) (equivalent to 0.14 Bcf per day (Bcf/d)); and
  2. DOE’s approval of the application does not require an environmental impact statement (EIS) or an environmental assessment (EA) under the National Environmental Policy Act of 1969 (NEPA).

DOE concluded that applications that satisfy these criteria are requesting authorization for ‘‘small-scale natural gas exports,’’ and DOE deems such exports to be consistent with the public interest under the NGA.

Litigation

Louisiana v. Biden

On March 21, 2024, sixteen states filed a lawsuit in the federal district court for the Western District of Louisiana challenging the Biden administration’s decision to pause new approvals of liquefied natural gas (LNG) exports to non-Free-Trade-Agreement countries. The states alleged that the Biden administration’s decision violated the NGA’s requirement that applications for export be approved unless the Secretary of Energy makes an affirmative finding that the application is not in the public interest.

On July 1, 2024, the federal district court granted a motion by Louisiana and other states for a stay of the Biden administration’s pause on LNG export approvals. The court first found that the pause was a reviewable final agency action and that the states had standing to challenge it. Regarding the stay, the court described the pause  as “quite complexing” and questioned the cited purpose of updating information on how exports affect the economy, consumers, and the environment. The court wrote that DOE “has made updates to its studies on several occasions without the President making an announcement of an unprecedented climate change action, and without the DOE declaring a wholesale ‘pause’” on export applications. The court found that the states demonstrated irreparable harm, that equities and public interest favored the states, and that the plaintiffs were likely to succeed on the merits of all but one of the claims, which the court did not address.

NEPA Implementing Regulations

The National Environmental Policy Act (NEPA), as amended, (42 U.S.C. 4321 et seq.) requires Federal agencies to provide a detailed statement regarding the environmental impacts of proposals for major Federal actions significantly affecting the quality of the human environment. The Council on Environmental Quality (CEQ) regulations implementing NEPA (40 CFR parts 1500-1508) require agencies to develop their own NEPA implementing procedures to apply the CEQ regulations to their specific programs and decision-making processes (40 CFR 1507.3).

NEPA establishes three types of environmental review for Federal proposed actions—environmental impact statement, environmental assessment, and categorical exclusion—each involving different levels of information and analysis. A categorical exclusion is a category of actions that the agency has determined, as established in its agency NEPA procedures, normally does not have a significant effect on the human environment and therefore does not require preparation of an environmental assessment or environmental impact statement (40 CFR 1501.4, 1507.3(e)(2)(ii), and 1508.1(d)). DOE's procedures for applying categorical exclusions require the Department to consider several conditions, including whether extraordinary circumstances exist such that a normally excluded action may have a significant environmental effect.

National Environmental Policy Act Implementing Procedures for Batteries and Solar Transmission

On April 30, 2024, revised its NEPA implementing procedures to add a categorical exclusion for certain energy storage systems (electrochemical-battery or flywheel energy storage systems within certain areas) and revise categorical exclusions for upgrading and rebuilding powerlines and for solar photovoltaic systems, as well as to make conforming changes to related sections of DOE's NEPA regulations. (89 Fed. Reg. 34074, Apr. 30, 2024)

Biden Administration (2021-2025)

National Environmental Policy Act Implementing Procedures for Batteries and Solar Transmission

On April 30, 2024, revised its NEPA implementing procedures to add a categorical exclusion for certain energy storage systems (electrochemical-battery or flywheel energy storage systems within certain areas) and revise categorical exclusions for upgrading and rebuilding powerlines and for solar photovoltaic systems, as well as to make conforming changes to related sections of DOE's NEPA regulations. (89 Fed. Reg. 34074, Apr. 30, 2024)

First Trump Administration (2017-2021)

NEPA Implementing Procedures for natural gas exports

On December 4, 2020, DOE revised its NEPA regulations to categorically exclude "[a]pprovals or disapprovals of new authorizations or amendments of existing authorizations to export natural gas . . . and any associated transportation of natural gas by marine vessel" from the environmental assessment requirement. Under the Natural Gas Act, the Federal Energy Regulatory Commission has the authority to approve the construction and operation of natural gas pipelines and export facilities, but only DOE can approve natural gas exports. By categorically excluding natural gas exports from NEPA review, the revision could limit the consideration of greenhouse gas emissions associated with the overall natural gas export process.

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