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.
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…
Read a full sample brief →FERC opens scoping period for LED Enterprises Yuma Pipeline Project environmental review
FERC issued a notice on September 24, 2026 opening a public scoping period for the proposed Yuma Pipeline Project by LED Enterprises, LLC. The notice solicits comments on environmental issues and announces a public scopi…
Read a full sample brief →FERC accepts GR Catalyst One LLC hydropower application and opens intervention and protest period
FERC accepted GR Catalyst One, LLC's application for filing on September 24, 2026, opening a formal proceeding for the project. This acceptance initiates the intervention and protest window, establishing the procedural r…
Read a full sample brief →AEMC releases draft rule enabling Commonwealth's $40 million EV charging infrastructure program across regional and urban sites
The AEMC released a draft rule on September 24, 2026 to support the Commonwealth Government's Accelerating EV Charging Program. The draft targets two specific gaps: regional charging blackspots and high-density kerbside …
Read a full sample brief →EPA proposes to approve North Carolina second 10-year ozone maintenance plan for Charlotte-Rock Hill area through 2035
EPA published a proposed rule on September 23, 2026 to approve North Carolina's second 10-year maintenance plan for the 2008 8-hour ozone standard covering the bi-state Charlotte-Rock Hill area. The proposal incorporates…
Read a full sample brief →FERC opens intervention deadline for High Island Offshore System pipeline application
The Federal Energy Regulatory Commission published a notice on September 23, 2026 establishing an intervention deadline for an application filed by High Island Offshore System, L.L.C. The notice opens the formal particip…
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