Buy American Act compliance
Buy American Act compliance in the Energy, Power and Commodities sector is tightening, driven by Federal Acquisition Regulation updates and heightened enforcement scrutiny from the U.S. Department of Energy and the Federal Energy Regulatory Commission over domestically sourced components in grid infrastructure, generation assets, and commodities-related procurement. The U.S. Office of Management and Budget's 2022 final rule raised domestic content thresholds to 60 percent, with a phased climb to 75 percent by 2029, and energy sector contractors are now mapping supplier chains against those thresholds before renewal cycles hit. Waiver documentation, country-of-origin certification gaps, and subcontractor flow-down obligations are where enforcement exposure is concentrating.
Watch
- OMB domestic content threshold increases: 65% floor takes effect January 2024
- DOE loan program conditions tying BAA compliance to clean energy project financing
- Subcontractor flow-down obligations in grid modernization and transmission contracts
- FERC jurisdictional project reviews intersecting with procurement origin requirements
Recent material activity in Energy, Power & Commodities
A selection of recent published briefs; this is not a complete archive.
NRC and DOE issue joint environmental clearance for Three Mile Island Unit 1 restart under federal loan guarantee
The NRC, as lead agency, and the DOE Office of Energy Dominance Financing, as cooperating agency, issued a joint environmental assessment and finding of no significant impact on September 25, 2026 for proposed federal ac…
Read a full sample brief →NRC considers license amendment allowing Alternate Concentration Limits at Homestake uranium mill reclamation site in New Mexico
The NRC published notice on September 25, 2026 of an application by Homestake Mining Company of California to amend License No. SUA-1471 for the Grants Reclamation Project near Grants, New Mexico. The amendment would rep…
Read a full sample brief →EPA final rule redefines scope of applicable requirements under Clean Air Act title V operating permit program
EPA's final rule, published September 25, 2026, revises title V operating permit program regulations to codify the agency's existing interpretations of which Clean Air Act requirements qualify as applicable requirements.…
Read a full sample brief →FERC opens scoping period for Tres Palacios Smith Cavern natural gas storage expansion in Texas
FERC opened a scoping period on September 25, 2026 for the proposed Tres Palacios Smith Cavern Expansion Project, a natural gas storage facility in Texas. The notice solicits public and agency comments on environmental i…
Read a full sample brief →FERC opens scoping period for Natural Gas Pipeline of America and Horizon Pipeline North Extension Project
FERC opened a scoping period on September 25, 2026 for the proposed North Extension Project, involving Natural Gas Pipeline of America, LLC and Horizon Pipeline Company, LLC. The notice solicits public and agency comment…
Read a full sample brief →DOE / EIA Energy Policy & Data release pending Cresthaven Analytics full analysis: Energy Department Announces Speed to Power Investments Across 26 States to Lower Electricity Costs and Improve Grid Reliability
DOE / EIA Energy Policy & Data published a regulatory release titled 'Energy Department Announces Speed to Power Investments Across 26 States to Lower Electricity Costs and Improve Grid Reliability'. Cresthaven Analytics…
Read a full sample brief →NRC proposes wholesale revision of reactor licensing, decommissioning, and operational oversight regulations under Executive Order 14300
On September 24, 2026, the NRC published a proposed rule to revise its reactor licensing, decommissioning, and operational oversight regulations. The proposal implements Section 5 of Executive Order 14300, which directs …
Read a full sample brief →EPA reopens public comment on 2024 Texas SIP disapproval covering emissions during power plant maintenance activities
The EPA granted reconsideration on May 11, 2026 of its December 20, 2024 disapproval of a Texas state implementation plan governing visible emissions and particulate matter during planned maintenance, startup, and shutdo…
Read a full sample brief →EPA proposes consent decree setting deadlines for overdue California and Colorado ozone SIP final actions
The EPA published notice on September 24, 2026 of a proposed consent decree in Center for Biological Diversity and Center for Environmental Health v. Lee Zeldin, No. 4:25-cv-10007-JST. The decree would resolve citizen-su…
Read a full sample brief →FERC opens intervention window on Transcontinental Gas Pipe Line Company natural gas pipeline application
FERC published a notice on September 24, 2026 opening the intervention deadline period for a Transcontinental Gas Pipe Line Company, LLC certificate or abandonment application. The notice establishes the procedural windo…
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