On January 20, 2025, President Trump signed Executive Order 14156, declaring a national energy emergency and saying the country faced a 'precariously inadequate and intermittent energy supply.' Federal data shows the opposite: oil and gas production are at record highs.
The declaration lets agencies fast-track fossil fuel permits and skip environmental reviews that normally take years. Fifteen states sued, and in September 2026 a federal appeals court struck down one use of the authority, ruling the Energy Department overreached by forcing a Michigan coal plant to stay open. On October 20 a judge heard the government's bid to dismiss the states' suit, and two days later Trump invoked the Defense Production Act to waive six requirements for expanding petroleum output.
Why it matters
The emergency order lets agencies skip environmental reviews that normally take years, speeding fossil fuel projects in wetlands and on public land.
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Key Indicators
13.6M bpd
US oil production per day (June 2025)
The highest monthly output in over a century, undercutting the emergency claim.
15
States suing over the emergency
Attorneys general from 15 states filed suit in February 2025.
7
Power plants forced to keep operating
Emergency orders delayed retirements of six coal plants and one gas-oil plant.
688
Wetlands projects flagged for fast-track
Army Corps list taken offline after the Environmental Integrity Project protested; 27 permits citing the emergency remain.
$259M
Cost of keeping Michigan plant open
Consumers Energy reported losses from the forced operation of the J.H. Campbell plant.
6
Defense Production Act requirements waived
Trump's October 22 determination waived six statutory conditions to expand petroleum production and refining.
15 events
Latest: October 22nd, 2026 · 3 weeks ago
Showing 8 of 15
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October 2026
Trump waives production requirements under Defense Production Act
LatestExecutive Action
A presidential determination tied to the energy emergency waived six statutory requirements under Section 303 of the Defense Production Act to expand domestic petroleum production, refining and logistics. It was published in the Federal Register on October 28.
Judge hears bid to dismiss states' emergency suit
Legal
U.S. District Judge Jamal Whitehead heard the Justice Department's motion to dismiss the 15-state challenge in Seattle. The government argued the states lack standing; Whitehead said he would rule within two weeks.
DOE issues emergency order across 13 states
Regulatory
DOE issued a Section 202(c) emergency order citing unusual October heat, allowing generating facilities across 13 states to operate beyond normal restrictions through October 16.
FERC rejects cost recovery plan tied to DOE emergency orders
Legal
FERC rejected TransAlta Centralia Generation's tariff revisions to recover compliance costs for two Section 202(c) orders, ruling the costs should spread across the Northwest region.
Justice Department seeks remand of Revolution Wind approval
Legal
The Justice Department asked a federal court to send back the Interior Department's 2023 approval of the offshore wind farm's construction plan for re-evaluation.
September 2026
D.C. Circuit strikes down DOE coal plant orders
Legal
A federal appeals court rules the Department of Energy overstepped its emergency power by forcing a Michigan coal plant to keep operating.
July 2026
DOE issues seven backup generator orders for summer
Regulatory
Seven emergency orders directed grid operators to use backup generators during summer heat.
January 2026
President renews energy emergency for another year
Executive Action
Trump signed a notice continuing the national energy emergency declared in Executive Order 14156.
DOE issues backup generator orders during Winter Storm Fern
Regulatory
Seven grid operators requested and received emergency orders allowing backup generators to operate during the storm.
August 2025
Commonwealth LNG final approval in Louisiana
Permitting
The Cameron Parish liquefied natural gas facility receives its final approval, one of 10 LNG actions finalized since the emergency.
May 2025
Williams reapplies for harbor gas pipeline
Permitting
The pipeline company invokes the emergency order in its application for the Northeast Supply Enhancement Project, opposed for risks to endangered right whales.
February 2025
Texas GulfLink oil export terminal approved
Permitting
A Transportation Department division approves the offshore oil export terminal, citing Trump's emergency order in its announcement.
Fifteen states sue over the emergency
Legal
A coalition of attorneys general files suit, calling the declaration a 'fake emergency' that will damage wetlands, habitat and endangered species.
Army Corps flags 688 wetlands projects for fast-track
Permitting
The Corps identifies hundreds of projects altering wetlands for fast-track review; the list comes offline a day after the Environmental Integrity Project protests.
January 2025
Trump signs national energy emergency order
Executive Action
Executive Order 14156 declares a national energy emergency and directs agencies to fast-track fossil fuel projects and waive environmental reviews.
Scenarios
1
Courts scale back the emergency authority
Likely
Resolves by Q2 2027
Discussed by: Legal Planet, Center for Biological Diversity, 15-state coalition
The D.C. Circuit already ruled DOE exceeded its emergency power on coal plants. If that reasoning spreads, other courts could block fast-tracked permits, wetlands approvals and LNG export decisions citing the emergency. The Supreme Court could settle the question if a case reaches it.
Discussed by: oilandgaswatch.org analysis of permitting records
With the emergency still in force, agencies keep approving LNG terminals, oil export facilities and pipelines at an elevated pace. Even if courts narrow some authority, projects already permitted move forward. The Federal Energy Regulatory Commission and Army Corps are the agencies to watch.
A political change, a major court defeat, or an economic shift could lead the president to rescind the order or let it lapse. Rescission would end the fast-track authority for permits not yet approved, though projects already permitted would proceed.
4
Emergency orders shift to weather-driven justifications
Possible
Resolves by End of 2026
Discussed by: Legal analysts tracking Section 202(c) after the D.C. Circuit ruling
After the court rejected hypothetical future risk as an emergency, DOE shifted to concrete weather events. On October 13 it cited unusual October heat to order generators across 13 states to run beyond normal limits. This narrower basis may survive court review better than the coal-plant orders did.
Historical Context
2 moments from history that rhyme with this story — and how they unfolded.
1 of 2
February 2019
Border Wall National Emergency (2019)
Trump declared a national emergency in February 2019 to fund a border wall Congress refused to pay for. The declaration redirected Pentagon funds to construction, bypassing lawmakers.
Then
Courts split on the legality; the Supreme Court allowed the Pentagon fund transfers in a 5-4 ruling, and wall segments were built.
Now
Established that presidents can use emergency declarations to redirect funds or bypass processes Congress denied, with courts as the main check.
Why this matters now
Same president, same playbook: declaring a national emergency to achieve what legislation or appropriations didn't. The energy order extends this to environmental permitting.
2 of 2
February 2021
Emergency Orders During Texas Winter Storm Uri (2021)
When winter storm Uri froze Texas, the Department of Energy used its Federal Power Act emergency authority to prioritize fuel supply during the blackout. The orders were requested by the state in response to a concrete, ongoing disaster.
Then
Fuel supply was prioritized during the crisis and generation was restored.
Now
Set the precedent that emergency orders respond to immediate, verifiable crises requested by states or regional authorities.
Why this matters now
The 2025 coal-plant orders were the first time DOE invoked emergency powers for a hypothetical reliability risk years away, a far broader reading of the same statute. The D.C. Circuit rejected that expansion.
