Buy American Act compliance
Buy American Act compliance in the Energy, Power and Commodities sector is tightening, driven by Federal Acquisition Regulation updates and heightened enforcement scrutiny from the U.S. Department of Energy and the Federal Energy Regulatory Commission over domestically sourced components in grid infrastructure, generation assets, and commodities-related procurement. The U.S. Office of Management and Budget's 2022 final rule raised domestic content thresholds to 60 percent, with a phased climb to 75 percent by 2029, and energy sector contractors are now mapping supplier chains against those thresholds before renewal cycles hit. Waiver documentation, country-of-origin certification gaps, and subcontractor flow-down obligations are where enforcement exposure is concentrating.
Watch
- OMB domestic content threshold increases: 65% floor takes effect January 2024
- DOE loan program conditions tying BAA compliance to clean energy project financing
- Subcontractor flow-down obligations in grid modernization and transmission contracts
- FERC jurisdictional project reviews intersecting with procurement origin requirements
Recent material activity in Energy, Power & Commodities
A selection of recent published briefs; this is not a complete archive.
CFTC obtains federal court orders against EminiFX and Eddy Alexandre for commodity pool Ponzi scheme
The CFTC announced on October 19, 2026 that the U.S. District Court for the Southern District of New York entered orders granting the CFTC's motions for summary judgment, injunctive relief, and a civil monetary penalty a…
Read a full sample brief →DOE commits up to $42 million in Defense Production Act funds to advance Constitution Pipeline development
The U.S. Department of Energy announced on October 19, 2026 that it will deploy up to $42 million in Defense Production Act Title III funding to advance a proposed 125-mile natural gas pipeline from Pennsylvania to New Y…
Read a full sample brief →DOE announces intent to deploy Defense Production Act funding for Virginia and West Virginia transmission expansion
The U.S. Department of Energy announced on October 16, 2026 its intent to deploy Defense Production Act funding to accelerate transmission capacity expansion in Virginia and West Virginia. The project is framed as streng…
Read a full sample brief →EPA co-proposes two approaches to revise 2026 and 2027 RFS small refinery exemption reallocation volumes
EPA published a proposed rulemaking on October 16, 2026 to revise the 2026 and 2027 Renewable Fuel Standard small refinery exemption reallocation volumes. The proposal responds to a higher volume of 2025 small refinery e…
Read a full sample brief →DOE publishes Emissions Value Request Process supporting Treasury and IRS administration of the Clean Fuel Production Credit
The U.S. Department of Energy (DOE) published a Notice of Availability on October 16, 2026, establishing an Emissions Value Request Process to support Treasury and IRS administration of the section 45Z Clean Fuel Product…
Read a full sample brief →FERC opens additional scoping period for Gulf South Pipeline Texas Gateway Project EIS
FERC staff have opened a second public scoping period for the Texas Gateway Project, a natural gas pipeline proposed by Gulf South Pipeline Company, LLC across seven Texas counties and Beauregard Parish, Louisiana. The C…
Read a full sample brief →Estonian Competition Authority fines Futugrid €16,000 in its first REMIT market-manipulation decision, subject to appeal
The Estonian Competition Authority (Konkurentsiamet) has fined Futugrid Technologies OÜ €16,000 for placing a non-genuine bid in the Baltic balancing energy market on 1 April 2025. The bid sent misleading signals and dir…
Read a full sample brief →AER invites submissions on Transgrid's $9.34 million network support cost pass through application for 2025-26
The Australian Energy Regulator (AER) has opened a public consultation on Transgrid's cost pass-through application for network support costs incurred in 2025-26. Transgrid has identified a net positive pass-through amou…
Read a full sample brief →AER invites submissions on ElectraNet's $18.6 million storm cost pass-through application for South Australian transmission network
The Australian Energy Regulator (AER) has opened a public consultation on ElectraNet's cost pass-through application for transmission network damage caused by the 17 October 2024 storm. ElectraNet has identified $18.6 mi…
Read a full sample brief →AER publishes draft decision to grant AGN ring-fencing exemptions for two hydrogen trial projects
The Australian Energy Regulator (AER) published a draft decision on October 16, 2026 proposing to grant Australian Gas Networks Limited (AGN) exemptions from gas ring-fencing obligations for its Hydrogen Park South Austr…
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