FERC, CFTC, and State Energy Law Developments
On June 9, the Department of Transportation (DOT), through the Federal Highway Administration (FHWA), proposed mandatory standards concerning the development and operation of publicly available electric vehicle (EV) charging infrastructure in US markets. DOT’s proposal is the first-ever effort of the US government to impose mandatory standards on EV charging infrastructure in an effort to create uniformity and consumer transparency in the EV charging sector. DOT’s proposal is subject to comment and consideration, and a final rule is expected later this year.
A bipartisan group of US senators recently proposed legislation intended to broadly address electric vehicle (EV) fleet management, as both the federal government and the private sector continue adopting EV use at an unprecedented rate in the US market.
US President Joseph Biden issued a directive to the secretary of defense on March 31, invoking the Defense Production Act (DPA) to spur the domestic production of critical minerals needed to produce large-capacity batteries for the automotive, emobility, and stationary electricity storage sectors.
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As anyone in the electric vehicle sector is aware, network charging infrastructure is a threshold issue to be addressed in order to get more electric vehicles (EVs) on the roads in US markets.
The US Department of Transportation’s Federal Highway Administration (FHWA) recently issued a notice seeking public comment on two new electric vehicle (EV) programs that will receive funding under the Infrastructure Investment and Jobs Act (IIJA), which was signed into law by President Biden on November 15, 2021.

A LawFlash prepared by our environmental lawyers discusses President Joseph Biden’s new executive order setting a goal of 50% of all new passenger cars and light trucks to be zero emissions vehicles by 2030. It also discusses the Environmental Protection Agency’s proposed tailpipe emission standards. The executive order and the proposed rules are intended to reduce GHGs and incentivize electric vehicles (EVs).

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US President Joseph Biden signed an executive order on August 5 that underscores his stated commitment to encourage the development and deployment of electric vehicles (EVs) as part of the Biden-Harris administration’s clean energy agenda. The executive order, Strengthening American Leadership in Clean Cars and Trucks, aims to increase the production of zero-emission vehicles by 2030 and directs new pollution and fuel economy standards for light‑, medium-, and heavy-duty vehicles for model years 2027 and later. President Biden’s issuance of the executive order, combined with the EV-related implications of various provisions in the draft infrastructure bill currently pending in Congress, may well serve to facilitate increased deployment of EVs in US markets.

Read this Insight prepared by our energy and environmental lawyers addressing the status of stricter tailpipe emissions regulations and anticipated widespread use of electric vehicles (EVs). Companies looking to leverage the Biden-Harris administration’s focus on clean transportation, as well as utilities whose grids are going to be impacted by EV development, should consider reading the Insight and checking out the Automotive Hour Webinar Series for 2021.
The US Congress adopted extensive federal energy policies in the Energy Act of 2020 (Energy Act), which President Donald Trump signed into law on December 27 as part of the Consolidated Appropriations Act, 2021.