April 18, 2021

Volume XI, Number 108


April 16, 2021

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Biden Signs Executive Order to Boost Electric Vehicle Battery Supply and US Auto Supply Chains

On Wednesday, US President Joe Biden signed an Executive Order to create more resilient supply chains, with a special focus on supply chains affecting the US auto industry, including electric-vehicle batteries.

The Executive Order requires Biden’s administration to complete a review of critical product supply chains in the United States within 100 days of the date of the Executive Order. The review covers a broad range of supply chains in four areas: (1) semiconductor manufacturing and advanced packaging; (2) high-capacity batteries, including electric-vehicle batteries; (3) critical minerals and other identified strategic materials, including rare earth elements; and (4) pharmaceuticals and active pharmaceutical ingredients.

While the United States is a net exporter of electric vehicles, the country is not currently a leader in the supply chain associated with electric battery production. The Executive Order aims to change this and expand domestic battery production. According to the administration, “The United States could better leverage our sizable lithium reserves and manufacturing know-how to expand domestic battery production.”

The Executive Order also calls for the review of six broader supply chains within one year of the date of the Executive Order: (1) defense industrial base; (2) public health and biological preparedness industrial base; (3) information and communications technology (ICT) industrial base; (4) energy sector industrial base; (5) transportation industrial base; and (6) production of agricultural commodities and food products.

The Executive Order is part of the administration’s efforts to secure the supply chains of critical items needed to revitalize our domestic manufacturing capacity. “This is about making sure the United States can meet every challenge we face in this new era—pandemics, but also in defense, cybersecurity, climate change and so much more,” Biden said at the signing of the Executive Order.

© 2021 McDermott Will & EmeryNational Law Review, Volume XI, Number 57



About this Author


Carl J. Fleming focuses his practice on mergers and acquisitions, project development and project finance, predominately in the renewable energy industry. He leads energy, infrastructure and PPP transactions throughout the US and in more than 40 countries worldwide. Carl represents private equity investors, Fortune 500 companies, foreign governments, and a broad range of leading renewable energy developers and sponsors.

Carl provides legal and commercial advice for the development, construction, operation, purchase and sale, and financing of projects and infrastructure, including...

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Elle Hayes Corporate Attorney McDermott Will & Emery Miami, FL

Elle Hayes focuses her practice on general corporate matters and transactions.

While in law school, Elle was assistant communications editor for the Journal of Technology Law & Policy. She also served as a student volunteer coordinator with Southern Legal Counsel, where she organized events to assist homeless and low-income individuals obtain legal advice, and interned with Chief Judge Joseph Farina of the Eleventh Judicial Circuit Court of Florida.

Leigh A. Ratino Transactional & Corporate Attorney McDermott Will & Emery Washington, DC

Leigh A. Ratino focuses her practice on transactional and corporate matters.

While in law school, she was managing editor for development of the Georgetown Environmental Law Review.