Energy Tariffs, Critical Minerals Escalate; CEOs

April 24, 2026

The New Energy Trade War: Why Every CEO Must Rethink Their Power Strategy Now

Scott Ellis Foley & Lardner LLP + Follow Contact LinkedIn Facebook X ;) Embed

For decades, energy strategy was something most CEOs could comfortably delegate. Procurement teams negotiated utility contracts, facilities managers monitored consumption, and sustainability officers drafted ESG disclosures. Energy was a line item, not a boardroom conversation.

That era is over.

A convergence of forces—escalating tariffs on critical energy components, the explosive power demands of artificial intelligence, grid reliability crises, shifting federal tax credit regimes, and an increasingly aggressive geopolitical contest over critical minerals—has transformed energy from an operational concern into a defining strategic risk. For CEOs across every sector, the decisions made in the next 12 to 24 months about how your enterprise sources, contracts for, and secures electricity will directly determine your competitiveness, your capital costs, and in some cases, your ability to operate.

This is not hyperbole. It is the new reality.

The AI Power Crunch Is Already Here

U.S. electricity demand, which remained essentially flat for nearly two decades, is now projected to grow at rates not seen since the post-war industrial boom. Data centers are the primary driver. The IEA projects U.S. electricity demand will grow around 2% per year through 2030, more than twice the pace of the prior decade, and AI infrastructure accounts for a substantial share of that growth. This is already showing up in interconnection queues, utility resource plans, and capacity market pricing.

Data centers are also investing heavily in the grid infrastructure that makes this growth possible. The “bring your own power” model has become standard among hyperscalers, with major operators funding dedicated generation capacity, long-term power purchase agreements, and in some cases direct investment in nuclear and natural gas assets. Microsoft, Google, Amazon, and Meta have collectively committed hundreds of billions of dollars in U.S. energy infrastructure over the coming decade. That capital is building transmission, generation, and storage capacity that benefits the broader grid over time.

The policy and regulatory environment is responding accordingly. Several states have enacted or proposed legislation to streamline data center interconnection, and the federal government has treated data center investment as a national economic priority, with executive action supporting accelerated permitting and domestic energy production to meet the load. The $500 billion Stargate commitment to U.S. AI infrastructure, is the most visible example of the scale of private investment flowing into American energy and computing capacity.

For CEOs outside the data center sector, the relevant question is not whether this growth is happening, but how to position your company within it. Manufacturers, healthcare systems, and industrial operators are operating in the same constrained power markets where data center developers are signing long-term agreements and building dedicated generation. The traditional utility tariff model is giving way to bespoke contracts, behind-the-meter generation, and direct producer-consumer arrangements. If your company has not conducted a serious energy risk assessment in the last 12 months, you’re almost certainly underestimating your exposure.

Tariffs, Trade Policy, and the Hidden Cost of Energy Infrastructure

The tariff picture has become substantially more complex since early 2026. The Trump administration’s trade regime has dramatically altered the economics of energy infrastructure, and several key developments have occurred in just the past few weeks.

Battery storage costs have been hit hard. A four-hour battery system now costs 50% to 70% more than it did in early 2025. U.S. solar module pricing stabilized in Q1 2026 at around $0.28 per watt—up from $0.25 per watt in early 2025—driven by anti-dumping and countervailing duty determinations and tightening domestic content requirements. Under Wood Mackenzie’s “trade tensions” forecast (a 34% tariff on China settling by year-end 2026), a U.S. solar project will cost 54% more than the equivalent European project and 85% more than a Chinese one.

On critical minerals, the geopolitical confrontation has escalated sharply. China imposed sweeping rare earth export controls in retaliation for U.S. tariffs, restricting seven rare earth elements, then extending controls to any components containing Chinese rare earth materials or produced with Chinese critical minerals technology. A temporary trade truce in November 2025 extended reduced bilateral tariffs through November 2026, and a subsequent deal in mid-2025 included Beijing’s commitment to resume rare earth exports. But the truce is fragile. Chinese authorities have delayed export license approvals, and multiple U.S. manufacturers have experienced production disruptions despite the nominal agreement.

On the diplomatic front, as of mid-April 2026 the U.S. and EU are nearing an agreement to coordinate critical minerals production and supply chains, introducing minimum pricing mechanisms to support non-Chinese suppliers. The White House also announced “Project Vault,” a $12 billion public-private partnership to stockpile critical minerals for commercial use. These moves signal strategic intent, but implementation will take years.

Active Section 232 investigations into semiconductors, polysilicon, wind turbines, and drones mean additional tariff exposure could materialize on components central to energy projects. CEOs must recognize that supply chain risk and energy strategy are now the same conversation. Sourcing a transformer, securing battery storage, or building EV charging infrastructure now involves tariff classification questions, country-of-origin analysis, Uyghur Forced Labor Prevention Act compliance, and review under CFIUS and outbound investment rules. The legal complexity has grown exponentially, and the cost of getting it wrong – seized shipments, blocked transactions, penalties, and reputational harm – has grown with it.

The Incentive Landscape Has Shifted With Urgent Deadlines Now in Play

The One Big Beautiful Bill Act, signed into law on July 4, 2025, substantially reshaped the federal energy incentive architecture. Several provisions have already taken effect; others create hard deadlines in 2026 that require immediate attention.

Wind and solar projects face accelerated credit phase-outs. To claim the Clean Electricity Investment Credit (Section 48E) or the Clean Electricity Production Credit (Section 45Y), wind and solar projects must either begin construction before July 4, 2026 – less than three months away – or be placed in service by December 31, 2027. Projects beginning construction after that July deadline must be completed within roughly 18 months to qualify. This is a real cliff, not a distant one.

The Foreign Entity of Concern (FEOC) restrictions are now operative. Starting in 2026, no specified foreign entity or foreign-influenced entity can claim a Section 45Y, 48E, or 45X credit. Projects claiming those credits must also adhere to strict “material assistance” limits on components sourced from prohibited entities, meaning Chinese-sourced battery cells, modules, or key subcomponents can disqualify an otherwise eligible project. The thresholds tighten over time, with energy storage facing the most stringent requirements.

Other deadlines have already passed or are imminent. The 25D residential solar credit terminated December 31, 2025. The credit for alternative fuel vehicle refueling property, including EV charging stations, expires June 30, 2026. The Section 179D deduction for energy-efficient commercial buildings construction also ends June 30, 2026. Bonus depreciation, however, has been made permanent at 100% for eligible property placed in service after January 19, 2025, which meaningfully improves the economics of qualifying energy capital investments.

Nuclear incentives remain intact and expanded. The Section 45U zero-emission nuclear production credit continues, and small modular reactors retain favorable treatment, though the 45U credit is now subject to FEOC ownership restrictions. Hydrogen credits were extended but tightened to domestic feedstock requirements. Companies moving quickly to understand these rules—particularly around nuclear, geothermal, natural gas with carbon capture, and domestic manufacturing of energy components—can still secure competitive advantages that compound over the decade.

Grid Reliability and the Rise of Self-Generation

A growing number of corporate energy consumers are evaluating behind-the-meter generation: on-site natural gas turbines, fuel cells, solar-plus-storage, and in the most ambitious cases, small modular nuclear reactors. Data center operators have led the way, with major hyperscalers demonstrating that large-load customers can fund and manage their own generation assets at scale. For companies outside the tech sector, the economics are more nuanced, but the strategic rationale has strengthened considerably.

Battery storage is expected to grow 21% in 2026 according to the Solar Energy Industries Association, despite tariff headwinds, as South Korean manufacturers pivot from EV batteries to utility-scale storage and domestic manufacturing capacity expands. The underlying economics for solar-plus-storage remain competitive in many markets even at current tariff levels.

Self-generation introduces an entirely new legal workstream: air permits, water use permits, interconnection agreements, standby and backup service tariffs, state public utility commission filings, environmental review, and cybersecurity requirements. For companies that have never been in the power business, the regulatory learning curve is steep. The structuring decisions matter enormously. Should the generation asset be owned by the operating company, a subsidiary, a joint venture with a developer, or a third party under a PPA or energy-as-a-service arrangement? Each path carries dramatically different tax, regulatory, accounting, and liability implications.

Cybersecurity and the Regulated Enterprise

As companies become more deeply integrated into energy infrastructure—through self-generation, demand response participation, or the proliferation of connected building systems—they are drawn into a cybersecurity regulatory regime that most corporate general counsel have not previously confronted. NERC CIP standards, TSA security directives for pipelines, DOE cybersecurity requirements, and state-level critical infrastructure protection laws are expanding in scope and enforcement intensity.

A single ransomware incident targeting an industrial control system can trigger reporting obligations to multiple federal agencies, state regulators, insurance carriers, and potentially shareholders. The frequency and sophistication of attacks on energy assets has only increased since Colonial Pipeline became the reference case. With energy infrastructure now at the intersection of geopolitical competition—China’s export controls and the broader minerals confrontation being only the most visible dimension—cyber exposure in the energy sector deserves board-level attention alongside supply chain and regulatory risk.

What CEOs Should Be Doing Now

Commission an enterprise energy risk assessment. Not your annual utility budget review—a strategic assessment of how power cost volatility, reliability risk, tariff exposure on energy-related capital projects, and regulatory change could affect your operations, capital plans, and competitive position over the next five to ten years.

Move immediately on the July 4, 2026 construction deadline for wind and solar credits. If your company has any projects in planning that could qualify, the window to begin construction and preserve credit eligibility is closing. Treasury guidance on “commence construction” definitions may further tighten that window. This requires action now, not after your next board meeting.

Audit capital projects for tariff and incentive exposure. Any project with significant electrical, mechanical, or energy components needs a fresh look under current trade and tax law. FEOC compliance—tracking the origin of battery cells, modules, and subcomponents through your supply chain—has become a mandatory legal workstream for any project claiming clean energy credits. Hidden tariff liabilities and missed credit opportunities are both common findings right now.

Review and, where appropriate, renegotiate power supply arrangements. Long-term physical and virtual PPAs are available in most markets, but pricing and terms are evolving rapidly. Waiting for your current contract to expire is, in many cases, a costly strategy.

Evaluate on-site generation seriously, including the regulatory cost-shifting risk. Even if you ultimately decide against it, the analysis will sharpen your understanding of grid dependency and provide negotiating leverage with utilities and suppliers.

Integrate energy into your enterprise risk management framework. Energy risk should appear alongside cybersecurity, supply chain, and regulatory risk in your ERM framework and your board reporting.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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