Foreign direct investment CFIUS review
Foreign direct investment into U.S. energy infrastructure is one of the most scrutinized deal categories the Committee on Foreign Investment in the United States currently reviews, and transactions involving power generation, pipeline assets, or critical mineral supply chains face mandatory filing requirements under the Foreign Investment Risk Review Modernization Act rules codified at 31 C.F.R. Parts 800 and 802. The U.S. Department of the Treasury, which chairs CFIUS, has expanded its coordination with the U.S. Department of Energy on mitigation agreements tied to grid-connected assets specifically. Deals that cleared two years ago are being reopened under new national security conditions.
Watch
- 31 C.F.R. Part 802 mandatory declarations for foreign acquisitions of U.S. energy real estate
- DOE mitigation agreement conditions on grid interconnection rights and operational data access
- CFIUS jurisdiction over minority stakes in LNG export facilities and offshore wind
- Treasury's pilot program expanding covered transaction definitions to include greenfield energy projects
- European Commission FDI screening coordination with CFIUS on cross-border energy asset deals
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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