Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use

This executive order requires federal agencies to prepare and publish a 'Statement of Energy Effects' for significant regulatory actions that could adversely affect energy supply, distribution, or use. The statements must analyze adverse energy impacts and alternatives, and be submitted to OMB's Office of Information and Regulatory Affairs alongside existing Executive Order 12866 submissions.

Federal Register Open PDF 66 FR 28355

Impact dates

Date TBD
OIRA guidance to agencies on implementation

Key directives

Agencies shall prepare and submit Statement of Energy Effects to OIRA Administrator for significant energy actions
Statements must describe adverse effects on energy supply, distribution, or use and reasonable alternatives
OIRA Administrator shall provide implementation guidance to agencies
Agencies shall submit Statements alongside EO 12866 submissions
Agencies shall publish Statements or summaries in NPRMs and final rules

Who is ordered

Timeline

Immediate

EO takes effect upon signing; agencies must begin preparing Statements of Energy Effects for applicable actions

Near term (90d)

OIRA Administrator to provide implementation guidance to agencies

Long term

Ongoing requirement for all significant energy actions; statements published in NPRMs and final rules

Risks & tensions

Vague timing for OIRA guidance—no deadline specified
Excludes independent regulatory agencies from coverage, creating potential gap in energy impact review
Dual submission with EO 12866 may create procedural burden without additional analytical rigor
Judicial review disclaimer (Section 5) limits enforceability; compliance depends on internal OMB oversight
Definition of 'significant adverse effect' on energy leaves discretion to OIRA Administrator, creating uncertainty