The US president on May 23, 2025 signed four executive orders focused on promoting economic and national security by expanding and accelerating the development and use of nuclear energy in the United States to address rising electric demand from data centers, manufacturing, and other critical industries. The executive orders aim to quadruple nuclear electricity production by 2050 by enhancing domestic nuclear fuel production, revamping and streamlining the regulatory process for new reactor approvals and restarting shuttered ones, establishing a pilot program for advanced reactors, and authorizing the construction of nuclear reactors on federal lands.
This Lawflash offers a high-level overview, summarizing the core provisions within each of the four executive orders and highlighting their primary aims and key directives.
The first executive order (EO) addresses the critical need for a reliable and secure domestic supply of nuclear fuel. By leveraging Section 708 of the Defense Production Act, the EO seeks to reduce dependence on foreign sources of enriched uranium and strengthen national security through a robust domestic nuclear fuel infrastructure.
Section 3 of the EO directs, among other actions, the following actions from the US Department of Energy (DOE) to bolster the domestic nuclear fuel cycle:
Section 4 directs actions for funding of advanced nuclear technologies:
Section 5 aims to expand the workforce by directing the secretaries of the US Departments of Labor and Education to increase participation in nuclear energy-related Registered Apprenticeships and Career and Technical Education programs within 120 days (September 20, 2025). Also within 120 days, all executive departments and agencies that provide education grants shall consider nuclear engineering and nuclear energy-related careers as a priority for investment.
The second EO aims to restructure and reform the NRC to accelerate the licensing and deployment of advanced nuclear reactors.
Section 3 reinforces the mission statement update in Section 501 of the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy Act of 2024 (ADVANCE Act) by requiring the NRC to also “consider the benefits of increased availability of, and innovation in, nuclear power to economic and national security” in licensing actions, along with safety, health, and the environment.
Section 4 directs the NRC, in consultation with the US Department of Government Efficiency (DOGE) and OMB, to reorganize its structure to expedite processing of license applications. The order also calls for reductions in force, but recognizes that some functions, including new reactor licensing, may increase in size to support the reactor licensing initiative. The EO also directs that the personnel and functions of the Advisory Committee on Reactor Safeguards (ACRS) be reduced to the minimum necessary to fulfill statutory obligations, narrowing the scope of ACRS to issues that are “truly novel or noteworthy.”
Section 5 outlines directives to revise and modernize NRC’s licensing regulations. The EO directs the NRC to “undertake a wholesale revision of its regulations and guidance documents” and issue notice(s) of proposed rulemaking within nine months and final rules and guidance within 18 months. The revision must establish mandatory fixed deadlines for licensing decisions, which will be enforced by fixed caps on NRC’s recovery of hourly fees. The deadlines include: (1) no more than 18 months for a final decision on an application to construct and operate a new reactor of any type and (2) no more than one year for applications to continue a renewed license for an existing reactor. These deadlines are not designed to be tolled except for applicant failure.
The EO also directs the NRC to reconsider reliance on the linear no-threshold (LNT) model for radiation exposure and the “as low as reasonably achievable” standard and instead consider adopting determinate radiation limits in consultation with DOE, the US Department of Defense (DOD), and the Environmental Protection Agency (EPA).
Other provisions of section 5 include revising regulations governing National Environmental Policy Act (NEPA) compliance, establishing processes for high-volume licensing of microreactors and modular reactors with standardized approvals and potential general licenses and setting stringent thresholds for demanding design changes during construction. Furthermore, it mandates revising the Reactor Oversight Process and reactor security rules, adopting data-backed thresholds for safety assessments, reconsidering and potentially extending renewed license periods, and streamlining the public hearing process.
The third EO focuses on enhancing DOE’s capabilities and processes for testing nuclear reactors.
Section 3 sets the stage by finding that the advanced reactors overseen by DOE should include research as well as demonstrating the suitability for commercial application of a reactor.
Section 4 directs reforms to the reactor testing processes within DOE’s National Laboratories. Within 60 days (July 22, 2025), the secretary shall issue guidance regarding what counts as a qualified test reactor for purposes of the EO and help ensure expeditious processing of a qualified test reactor application. Within 90 days (August 21, 2025), the secretary shall take steps to revise the regulations, guidance, and procedures to “significantly expedite the review, approval, and deployment of advanced reactors under [DOE’s] jurisdiction.”
Section 5 directs the secretary to establish a pilot program outside the National Laboratories, but still under sufficient DOE control, to construct and operate at least three test reactors, with the goal of achieving criticality by July 4, 2026.
Section 6 addresses streamlining environmental reviews by directing the secretary, in consultation with the chair of the Council on Environmental Quality (CEQ), to begin reforming DOE’s NEPA compliance regulations by June 30, 2025, consistent with EO 14154, Unleashing American Energy. This includes exploring the use of existing statutory authorities, such as categorical exclusions, to eliminate or expedite DOE’s environmental reviews for certain activities, including authorizations, permits, approvals, and leases.
The fourth EO focuses on leveraging advanced nuclear reactor technologies for various national security objectives, including for artificial intelligence (AI) capabilities and other national security installations.
Section 3 directs the DOD secretary, through the secretary of the US Army, to establish a program for using nuclear energy for installation and operational needs and begin operating an Army-regulated nuclear reactor at a domestic military base or installation by September 30, 2028. Additionally, within 240 days (January 18, 2026), the DOD secretary, collaborating with the DOE secretary, OMB director, and secretaries of the military departments, must submit legislative and regulatory recommendations concerning advanced nuclear reactors and spent fuel at military installations.
Section 4 directs the DOE secretary to designate AI data centers located at or operated with DOE facilities as critical defense facilities. The necessary electrical infrastructure, nuclear and non-nuclear, shall be deemed defense critical electric infrastructure. The DOE secretary shall also designate one or more DOE-owned or controlled sites for advanced nuclear reactor deployment within 90 days (August 21, 2025) and use all existing authorities to approve privately funded reactors at such sites for AI infrastructure and other critical, national security, or supply chain needs.
Section 5 directs the DOE secretary, within 90 days (August 21, 2025), to identify all DOE-owned uranium and plutonium suitable for recycling or fuel use in US reactors. At least 20 metric tons of HALEU shall be made available from DOE stockpiles for authorized private-sector projects on DOE-controlled sites supporting AI and other infrastructure, while preserving reserves for national security needs, including tritium production, naval propulsion, and nuclear weapons. The DOE secretary shall also ensure a long-term domestic supply of enriched uranium. The DOE and DOD secretaries shall use all existing authorities to site and approve privately funded nuclear fuel facilities at DOE and/or DOD-controlled sites for national security, commercial, and research reactor use.
Section 6 directs the DOE and DOD secretaries to use their respective authorities to enter into contracts or agreements to support implementing this EO, including DOE technical support at DOD sites for all phases of advanced reactor development and deployment.
Section 7 directs the DOD and DOE secretaries to leverage existing and new NEPA categorical exclusions, use expedited permitting processes, and develop alternative compliance measures for the construction of advanced nuclear reactor technologies on federal sites.
Section 8 focuses on increasing nuclear exports. It directs the Secretary of State to negotiate at least 20 new agreements by January 3, 2029, for peaceful nuclear cooperation with other countries under Section 123 of the Atomic Energy Act of 1954, and to renegotiate agreements set to expire within the next decade. The DOE secretary also shall expeditiously review and decide on export authorization requests within 30 days of receipt of a complete application and DOE analysis, although the timeline does not include interagency reviews or the time it takes to request and receive foreign government nonproliferation and retransfer assurances.
Although the EO does not mention these export regulations by name, they are clearly those required for export of non-public, unclassified nuclear reactor and fuel cycle technology under 10 CFR Part 810. Within 90 days (August 21, 2025), the federal government will develop strategies to expand financing for US nuclear projects and trade and provide financial and technical support to promote the global adoption of nuclear energy. Finally, Section 8 instructs the secretary of state, within 90 days (August 21, 2025), to implement a program aimed at boosting the global competitiveness of US nuclear companies by expediting agreements and reducing barriers to US exports.
Section 9 of the order directs the DOD secretary to prioritize the issuance of the appropriate clearances to support the rapid distribution and use of nuclear energy and fuel cycle technologies.
The four EOs mark a strategic push to revitalize the US nuclear energy industry, consistent with President Donald Trump’s Unleashing American Energy EO (summarized here) to prioritize domestic energy dominance and security. The directives signal a clear expectation for federal agencies to reform their operations, modernize regulations, and accelerate both civilian and national security nuclear deployment.
Morgan Lewis’s dedicated nuclear energy practice has been ranked for more than a decade in Band 1 by Chambers USA for Energy: Nuclear (Regulatory & Litigation): Nationwide. Our long-standing experience with nuclear legal matters includes a deep understanding of the history and evolution of US nuclear regulations and obtaining approvals for new nuclear plants in first-of-a-kind regulatory proceedings. Our strong bench of nuclear attorneys stands poised to assist with navigating companies through the near and long-term changes that will result from these EOs.
We continue to expect additional executive, regulatory, and legislative action to implement the administration’s energy dominance policy objectives. We will provide additional analysis and guidance as these policies become available. Please visit our energy blogs Power & Pipes (FERC, CFTC, DOE, State) and Up & Atom (Nuclear) for updates on the administration’s energy policies.
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