In its recently released 76-page report, required under President Biden's Executive Order 14017, "America's Supply Chains," the US Department of Energy (DOE) finds that "[t]he opportunity for US global leadership on clean energy is enormous" but the related "challenges are immense" and relate to:

  • raw material availability
  • manufacturing capacity
  • dependence on foreign supplies
  • worker training
  • global trade practices
  • cybersecurity
  • research and data analysis needed

The report's supply chain review identifies a range of risks and vulnerabilities that vary by technology and will require a sweeping set of diverse policy actions. In addition, DOE identified common threats, risks and vulnerabilities across all selected technologies. These common risks and vulnerabilities are grouped into seven main opportunities for action:

  1. increase raw material availability
  2. expand domestic manufacturing capabilities
  3. support formation of and invest in diverse, secure and socially responsible foreign supply chains
  4. increase the adoption and deployment of clean energy
  5. improve end-of-life energy-related waste management
  6. attract and support a skilled workforce for the clean energy transition
  7. enhance supply chain knowledge and decision-making

The report makes 40 specific recommended strategic actions (see Tables 1 and 2 at pp. x-xiii of the report) for these identified opportunities and a further 22 recommendations for congressional actions (see Tables 3 and 4 at pp. xiv-xvi of the report).

In a related 104-page DOE report of a "deep dive" assessment into the solar photovoltaic supply chain, the DOE finds it heavily reliant on China and recommends congressional tax credit support for domestic manufacturing to encourage domestic solar adoption and deployment.

Visit us at mayerbrown.com

Mayer Brown is a global legal services provider comprising legal practices that are separate entities (the "Mayer Brown Practices"). The Mayer Brown Practices are: Mayer Brown LLP and Mayer Brown Europe - Brussels LLP, both limited liability partnerships established in Illinois USA; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales (authorized and regulated by the Solicitors Regulation Authority and registered in England and Wales number OC 303359); Mayer Brown, a SELAS established in France; Mayer Brown JSM, a Hong Kong partnership and its associated entities in Asia; and Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. "Mayer Brown" and the Mayer Brown logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions.

© Copyright 2020. The Mayer Brown Practices. All rights reserved.

This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.