regulatory

On August 26, 2026, President Trump issued Executive Order 14421, Declaring a National Emergency to Secure the United States Bulk-Power System. The Order establishes a new national security regulatory framework for a broad range of equipment, software, services, and supply chain relationships associated with the U.S. electric grid. Although the Order is framed as a grid security measure, its implications extend well beyond utilities.

Equipment manufacturers, project developers, utilities, contractors, lenders, investors, data center operators, and others participating in the energy sector may all be affected. The Order introduces new restrictions and uncertainty into energy infrastructure procurement and supply chains and, critically, it represents a fundamental shift in how the federal government approaches security risks in the energy sector.

Continue Reading The Electric Grid’s ICTS Moment? New National Security Executive Order Targets Foreign-Sourced Energy Equipment

With the 2024 election rapidly approaching, the Biden Administration must race to finalize proposed agency actions as early as mid-May to avoid facing possible nullification if the Republican Party controls both chambers of Congress and the White House next year. 

The Congressional Review Act (CRA) allows Congress to overturn rules

Continue Reading Congressional Review Act Threat Looms Over Biden Administration Rulemakings

On March 21, 2023, the Department of Commerce (“Commerce”) published a Notice of Proposed Rulemaking (the “Commerce Proposed Rule”) to implement certain provisions of the CHIPS and Science Act of 2022 (“CHIPS Act”) that place restrictions on certain activities of businesses receiving federal funding pursuant to the CHIPS Act (“Commerce Guardrails”).  On the same day, the Department of the Treasury (“Treasury”) also published a Notice of Proposed Rulemaking (together with the Commerce Proposed Rule, the “Proposed Rules”) to implement the Advanced Manufacturing Investment Credit (“ITC”), including its own restrictions on certain activities that, in broad strokes, parallel the Commerce Guardrails (together with Commerce Guardrails, “CHIPS Guardrails”) (Covington alert).  

Continue Reading National Security Update – Departments of Commerce and Treasury Release Notice of Proposed Rulemaking Regarding CHIPS “Guardrails”