Posted on August 28, 2025 by Lisa Epifani
It is hard to believe that this month marks 20 years since Congress passed the Energy Policy Act (EPAct) of 2005. EPAct 2005 focused on increasing energy supplies, building energy infrastructure and driving investment in American innovation. While it was far from perfect, EPAct was bold and set the stage for U.S. energy dominance. Congress can build on the lessons from EPAct 2005 and continue to deliver energy policy that moves our nation forward.
When EPAct 2005 was crafted, the country was facing complex energy issues. We were grappling with the impacts of the 2003 Northeast Blackout, which affected more than 50 million people and caused an estimated $10 billion in economic losses. There were growing concerns about too much dependence on foreign oil and gas. The nuclear industry was in need of a serious revival to meet its potential. Innovative technologies were struggling to get the financing needed to achieve speed and scale. Congress took these challenges and turned them into opportunities.
Some key provisions of EPAct 2005 included:
Today, the saga of challenging energy issues continues. Our grid must be ready to meet increased demand driven from data center growth, industrial reshoring and widespread electrification while also dealing with aging infrastructure, the complexity of integrating variable resources and an evolving regulatory landscape. Permitting hurdles remain a major barrier to building critical energy infrastructure. Innovative technologies still need strong public-private partnerships to bridge the commercialization gap and scale to competitive solutions. These challenges set the stage for the next opportunity for energy leadership.
Forecast of Data Center Demand Growth by 2030
Adapted from DOE’s Resource Adequacy Report (2025), underlying data from EPRI, McKinsey & Company, LBNL, S&P
Congress has shown in EPAct 2005 as well as the Energy Act of 2020 that it can deliver broad, bipartisan energy policy. It is time for an updated big, bold, bipartisan energy bill.
The following are examples of policies that can address today’s energy challenges:
Streamline Permitting: Outdated permitting processes are jeopardizing critical infrastructure development. Bills like the SPEED Act, introduced by House Natural Resources Chairman Bruce Westerman (R-AR) and Rep. Jared Golden (D-ME), can help modernize NEPA to reduce duplication, increase transparency and reform judicial and litigation practices. The administration and legislation proposals like the FREE Act introduced by Sen. Lummis (R-WY) and Rep. Maloy (R-UT) have also highlighted the potential for using a regulatory tool called permit-by-rule to expedite permitting, which is a process that allows certain activities to proceed without undergoing a full individualized permit review, as long as they meet predefined criteria.
Improve the Grid: American energy security, AI leadership and manufacturing competitiveness require a robust transmission system. Transmission siting and permitting improvements could streamline grid expansion while balancing and fully respecting states’ roles in the process. Innovative grid technologies and transformer manufacturing deployed at scale would also help optimize the grid. Safeguarding the grid, such as through the work of DOE’s Office of Cybersecurity, Energy Security and Emergency Response (CESER), is also critical.
Strengthen Pipelines: A modern pipeline system is essential to deliver reliable, affordable energy to homes and industry, including AI data centers. Policy ideas like the Next Generation Pipelines Research and Development Act, which passed the House on a bipartisan basis in the 118th Congress and was reintroduced in April 2025 by Reps. Randy Weber (R-TX) and Deborah Ross (D-NC) would support the build-out of all types of pipelines, such as natural gas, LNG, petroleum, carbon dioxide, hydrogen and more. There are also opportunities to update some safety regulations for pipeline infrastructure.
Expand Critical Minerals: Critical minerals are essential to America’s energy security, industrial base and national defense. President Trump’s March 2025 Executive Order prioritized U.S. mineral production and directed DOD and DOI to accelerate support for mining and processing. There have also been several legislative efforts in the 118th and 119th Congress that seek to accelerate permitting for mining projects, boost R&D and strengthen strategic mineral partnerships and finance domestic mineral supply chains. Some examples include: the Critical Mineral Consistency Act, the Mining Regulatory Clarity Act, the Unearth Innovation Act and the STRATEGIC Minerals Act.
Expand Nuclear: Building more clean, firm nuclear power is essential for national and economic security. Bills like the Accelerating Reliable Capacity (ARC) Act introduced in the 118th Congress by Senator Risch (R-ID), or a similar policy, can spur nuclear deployment by addressing cost uncertainty and reducing investment risk. Also, continued funding for the DOE’s Advanced Reactor Demonstration Program (ARDP), first authorized in the Energy Act of 2020, has supported ongoing nuclear energy projects and their fuel supply chain.
Promote Geothermal: Next-generation geothermal technologies have the potential to expand beyond the Western U.S. to provide emissions-free, reliable baseload power all across the country and leverage up to 200,000 existing American jobs in the oil & gas sector. The Trump DOE has prioritized funding for project demonstrations. Innovators have already shown great success, like reducing drilling times by more than 70 percent. Bills like the GEO Act, introduced in the 118th Congress by Sens. Lee (R-UT) and Heinrich (D-NM), can streamline federal permitting requirements and apply best practices to unlock additional deployments of these next-generation projects. The energy unlock that EPAct 2005’s categorical exclusion provided for certain oil and gas activities on federal lands could be replicated for geothermal.
Reshore Manufacturing: Meeting infrastructure needs requires producing and deploying core building materials at scale and speed. Bills like the Concrete and Asphalt Innovation Act (CAIA), introduced in March 2025 on a bipartisan basis by Sens. Coons (D-DE) and Tillis (R-NC), are designed to bring innovative cement and asphalt technologies to market faster, increase domestic production and meet the demand for 1 million tons of cement by 2028, triggered by AI data center development.
Accelerate Carbon Technologies: Industrial innovation includes carbon management innovation. Bipartisan bills like the Carbon Removal and Emissions Storage Technologies Act (CREST), introduced in the 117th and 118th Congresses, would authorize DOE’s carbon removal innovation efforts and help keep American companies ahead of global competitors. By driving private investment and reducing costs to meet growing demand, CREST can help build a trillion-dollar American industry capable of delivering gigaton-scale removals by 2050.
Strengthen Global Leadership: In order to advance U.S. national interests, level the playing field for American businesses and solidify global leadership in key energy sectors, strategic enhancements are needed at the U.S. International Development Finance Corporation (DFC) and the Export-Import Bank of the U.S. (EXIM). The DFC authorization expires in October 2025 and the EXIM authorization expires in December 2026. These are financing tools designed to secure U.S. energy leadership and push back against China’s aggressive, state-funded energy expansion.
