Jan 22 (Reuters) - The White House said President Donald
Trump's order this week pausing the disbursement of funds
appropriated under his predecessor's signature climate and
infrastructure laws mainly applies to programs that discourage
fossil fuel development or boost electric vehicles.
As part of a flurry of executive orders hours after taking
office on Monday, Trump ordered government agencies to pause
funds flowing from the Inflation Reduction Act and the
Infrastructure Investment and Jobs Act.
The White House Office of Management and Budget clarified in
a memo, dated Tuesday, that Trump's order only applies to funds
that contravene a list of stated policy aims, which include
encouraging more energy production on federal lands and
eliminating support for EVs. Funds going to other programs, like
bridges, transit and highways, won't be affected.
It is unclear whether the order puts much funds at risk.
Biden's administration had said prior to Trump's
inauguration on Monday that the vast majority of grants for
clean energy programs appropriated under the IRA, for example,
had already been obligated and were protected, with just $11
billion outstanding.
The bulk of the IRA's support for clean energy and EVs,
meanwhile, derives from tax credits that can only be revoked
with an act of Congress.
Robert Moczulewski, a director at tax advisory Baker Tilly,
said Trump's order could face legal hurdles if it delays any
significant funding.
"Pausing funding already appropriated by Congress may prompt
legal challenges, though the administration can impose interim
review processes," he said.
The order requires U.S. agencies to consult OMB before
disbursing the money.
The impact on lithium mining projects, which support EV
battery production, meanwhile, is unclear.
The Biden administration had finalized loans for several
U.S. critical minerals projects in its final months, including a
$2.26 billion debt package for Lithium Americas ( LAC ) and
nearly $1 billion for ioneer.
Those loans are final and cannot be altered, according to
two industry sources and an administration source familiar with
the loan terms. Representatives for Vancouver-based Lithium
Americas ( LAC ) and Australia-based ioneer were not immediately
available to comment.
Loans for other U.S. critical minerals projects that were
not finalized before Biden left office could be vulnerable. That
list includes 24 projects seeking a total of $45 billion,
according to Energy Department data.