The Nickel Report

On June 16, the Trump Administration reinstated the National Coal Council (“NCC”), a federal advisory committee that lapsed in 2021. The Federal Register notice issued by the Department of Energy (“DOE”) announcing the reinstatement states that NCC is authorized for a two-year term. The NCC will consist of members from various coal-related sectors advising Secretary of Energy Chris Wright on coal matters.

The NCC’s reinstatement is consistent with other actions that the Trump Administration has taken to revitalize coal use in the United States. Those actions include Executive Orders issued earlier this year as well as a set of Executive Orders issued on April 8, 2025, including Domestic Coal Production, Strengthening the Reliability and Security of the United States Electric Grid, and EO 14261, entitled “Reinvigorating America’s Beautiful Clean Coal Industry and Amending Executive Order 14241.” EO 14261 includes several key directives:

• Designating coal as a “mineral” under Executive Order 14241 (enabling coal projects to qualify for streamlined permitting and financial incentives) and considering adding coal as a “critical mineral”
• Evaluating and enabling coal mining on federal lands
• Extending the life of coal-fueled infrastructure
• Providing broad support for coal, including by removing regulatory and policy barriers to coal production and use; facilitating coal exports; streamlining environmental review of coal projects; and advancing commercial coal technologies

While thermal coal use has declined in the United States over the past 15 years, coal remains an important resource in providing reliable energy domestically and globally. Although coal’s share of power generation in the United States declined from 44.6% in 2009 to 14.9% in 2024, significant electricity demand growth is causing a reevaluation of some planned coal plant retirements. For example, on May 23, the Department of Energy issued an emergency order under Section 202(c) of the Federal Power Act ordering the continued operation of the 1,560 MW J.H. Campbell plant in Michigan, which had been slated to retire on June 1. 

Worldwide, coal use continues to grow. In 2009, global coal consumption was 6,908 MT. It increased to 8,770 MT in 2024 and is expected to top 8,872 MT by 2027. IEA (2025), Global coal consumption, 2000-2026, Paris, Licence: CC BY 4.0.

US electricity demand has been increasing rapidly due in part to data center expansion and the rise of artificial intelligence (AI), domestic manufacturing growth, and electrification. In its 2024 Report on U.S. Data Center Energy Use, the DOE stated that data center load growth alone has tripled over the past decade and is projected to double or triple by 2028. Data center consumption was around 60 TWh in 2016 and rose to 176 TWh by 2023. The DOE report estimates consumption will further increase to a range of 325-580 TWh by 2028.

There is also support in Congress for reestablishment of the NCC. Representative Mike Rulli (R-OH) introduced legislation to statutorily require establishment of a National Coal Council. H.R. 3015 would reestablish the council “in accordance with the charter for the National Coal Council that was in effect on November 19, 2021.” The bill has been passed by the House Committee on Energy & Commerce.

According to the Federal Register notice, National Coal Council members will be selected “to assure a well-balanced representation from all sections of the country, all segments of the coal industry including large and small companies, and coal consumers; coal transportation providers, technology suppliers, organizations engaged in environmental remediation related to coal; coal mining and coal user host communities; and service providers and regional development experts.”

*Thurston Moore and Max Nakos are Summer Associates at Hunton Andrews Kurth LLP and are not admitted to practice law.