Coal’s Regulatory Renaissance, Coal Age

Time 7 Minute Read
May 22, 2025
Publication

On April 8, amidst a shifting energy landscape characterized by a growing emphasis on critical minerals, the Trump administration implemented a series of executive actions aimed at revitalizing the U.S. coal industry. Collectively, these executive measures comprise a coordinated federal effort to enhance coal’s role within the wider context of U.S. energy policy and industrial activity. The administration’s approach represents a significant commitment to traditional fossil fuels while addressing the immediate energy demands of various sectors.

The central initiative titled Reinvigorating America’s Beautiful Clean Coal Industry and Amending Executive Order 14241 (the Coal EO) requires official designation of coal as a “mineral” eligible for the benefits of the Immediate Measures to Increase American Mineral Production executive order (the Mining EO) signed on March 20. The Coal EO also directs the Secretary of Energy and Secretary of the Interior to determine whether coal and metallurgical coal used in the production of steel qualify as “critical minerals” under the Energy Act of 2020 (the Energy Act). This designation would align coal with essential minerals crucial for national security and economic stability, enabling coal mining and related activities to benefit from streamlined permitting and regulatory prioritization.

Additionally, the president signed a proclamation titled Regulatory Relief for Certain Stationary Sources to Promote American Energy that granted a two-year exemption for certain coal-fired power plants from complying with the 2024 revision to the Mercury and Air Toxic Standards (MATS) finalized by the Environmental Protection Agency (EPA) in May 2024. The administration also took steps to secure the electric grid through an EO titled Strengthening the Reliability and Security of the United States Electric Grid (the Securing the U.S. Electric Grid EO). It mandates that the federal government, primarily through the Department of Energy (DoE), stabilize and secure the electric grid in response to rising electricity demands from sectors such as artificial intelligence and manufacturing, compelling the use of all available power generation resources.

Finally, the administration also sought to address concerns regarding state and local policies that could impede domestic energy resource development through an EO titled Protecting American Energy From State Overreach (the State Overreach EO). This order instructs the Attorney General to identify and challenge state laws perceived as burdensome to coal production.

Furthermore, a coal-related project was included in the initial FAST-41 Transparency Projects that were announced on April 18, in response to the Mining EO. In response to the same executive order, on April 23, the Department of the Interior (DoI) also implemented emergency permitting protocols that reduce approval timeframes for mining and energy projects on federal land to a maximum of 28 days, reflecting a broader strategy to strengthen domestic energy supplies amid a declared National Energy Emergency by reducing regulatory barriers.

Designation of Coal as a “Critical Mineral”

The Coal EO directs the DoE to assess whether coal should be designated as a “critical mineral.” The concept of “critical minerals” refers to minerals essential for economic and national security and whose supply chains are vulnerable to disruption. On Feb. 16, 2022, the U.S. Geological Survey (USGS) released its 2022 Final List of Critical Minerals as required under the Energy Act, identifying minerals deemed critical for the US. This list is currently under review, as mandated by the Energy Act. Additionally, on Aug. 4, 2023, the DoE published its 2023 Final Critical Materials List, adding a few more materials that were not included in the 2022 list while still incorporating the previous designations. Notably, coal was not included in either list. However, these updates reflect an evolving understanding of what constitutes critical minerals in response to changing technologies and geopolitical dynamics.

Coal’s proposed designation as a “critical mineral” under the Coal EO aims to prioritize coal in federal energy policy, making it eligible for federal support programs under the Defense Production Act and providing encouragement for the use of the DoE’s loan authorities. The Coal EO also mandates a review of policies that may discourage coal production, directing agencies to revise or rescind such policies.

Expansive Support to Reinvigorate Coal Mining

These recent executive actions signal expanded federal support for coal mining by removing regulatory and policy barriers that have historically limited coal production and utilization. The Coal EO and the amended Mining EO could potentially grant coal-related projects eligibility for expedited permitting processes and streamlined environmental reviews. The administration has directed federal agencies to proactively identify coal reserves on federal lands, streamline coal leasing processes and eliminate regulatory hurdles previously obstructing coal development.

The Coal EO directs federal agencies to identify coal resources on federal lands and simplify leasing procedures under the Mining Leasing Acts (i.e., the Mineral Leasing Act of 1920, the Acquired Lands Act of 1947, and the Multiple Mineral Development Act of 1954), while also addressing regulatory barriers that have historically hindered coal development by terminating the Environmental Impact Statement Analyzing the Potential Environmental Effects from Maintaining Secretary Jewell’s Coal Leasing Moratorium of 2016, the 2021 U.S. Treasury Fossil Fuel Energy Guidance for Multilateral Development Banks, international development guidelines that deprioritize coal, and agency lending rules that restrict coal-fired power or mining investments.

The Coal EO has made coal projects eligible for designation as FAST-41 Transparency Projects, which are designed to accelerate federal approvals for infrastructure projects by increasing transparency. Emergency permitting procedures by the DoI released on April 23, also propose to significantly reduce the timeline for approving coal mining and related energy projects on federal lands, and establish a maximum timeframe of 28 days for the National Environmental Policy Act review of environmental impact statements of eligible projects. This measure, facilitated by a declared National Energy Emergency, aims to expedite coal mining approvals with the goal of benefiting local economies by creating jobs and stimulating investments.

Significant coal reserves exist on federal lands managed by the Bureau of Land Management (BLM). According to BLM data, approximately 570 million acres of federal mineral estate hold substantial coal resources, many of which were previously restricted or subject to lengthy environmental assessments. The new policies are intended to accelerate these review processes, facilitating accelerated access to these coal reserves. Additionally, presidential actions such as the State Overreach EO seek to remove or reduce state- and local-level regulations perceived as barriers to coal production, challenging state and local policies that conflict with federal energy priorities.

Coal Markets

According to the U.S. Energy Information Administration, U.S. coal production has experienced significant declines in recent years. In 2023, production stood at approximately 578 million tons, decreasing to an estimated 512 million tons in 2024, the lowest level since 1965. Despite this decrease in domestic production, U.S. coal exports have shown resilience. In 2023, the USA exported about 100 million tons of coal to at least 71 countries, with notable increases in exports to China, where metallurgical coal exports rose from 5.3 million tons in 2023 to 8.95 million tons in 2024, marking a 67.6% increase.

The recent executive measures look to extend the operational lifespan of coal-powered infrastructure, emphasizing coal’s role in critical technologies, including artificial intelligence data centers and steel manufacturing. These initiatives seek to position coal as an essential energy resource amidst rising electricity demands, particularly driven by technological advancements and industrial growth.

Moreover, the federal government is promoting advanced commercial coal technologies, including innovative methods for coal ash utilization. The DoE, through the National Energy Technology Laboratory, has developed technologies to extract valuable minerals from coal ash, converting what was traditionally waste into industrial resources. A coal-related project was also included in the FAST-41 Transparency Projects initial priority list released on April 18, facilitating streamlined regulatory pathways for such technological advancements.

These recent executive measures represent a significant pivot towards promoting coal as a vital component of the U.S. energy landscape. While these actions aim to bolster coal production and utilization, they may also invite scrutiny and lead to legal challenges, which could delay or complicate their implementation.


Reprinted with permission from the May 22, 2025 issue of Coal Age. Further duplication without permission is prohibited. All rights reserved.

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