A Regulatory Crossroads with Fusion Energy and US Innovation and Compliance

October 28, 2025

A Regulatory Crossroads with Fusion Energy and US Innovation and Compliance

October 2025 marks a pivotal moment for fusion energy in the United States. As reported by Laura Smith Morton and Max M. Friedman of Perkins Coie, both the US Department of Energy (DOE) and the bipartisan Commission on the Scaling of Fusion Energy have released reports urging coordinated public-private action to accelerate fusion technology. 

The DOE’s Fusion Science & Technology Roadmap, developed with input from more than 600 experts, outlines a “Build-Innovate-Grow” framework emphasizing collaboration across sectors to support a competitive commercial fusion market. The Roadmap outlines 10 key actions and six major challenges, including leveraging artificial intelligence to address plasma-control issues, expanding demonstration projects, strengthening supply chains, and developing systems to convert fusion output into usable grid power.

The Commission’s report, “Fusion Forward: Powering America’s Future,” highlights global competition, particularly with China’s heavy investment in fusion infrastructure and expertise. It recommends declaring fusion a national security priority via an Executive Order, targeting $10 billion in public and private investment, and addressing regulatory barriers that could delay deployment. Complementing these efforts, the Clean Air Task Force’s State Policy Options for Fusion Energy Deployment provides state-level tools—such as updated renewable standards, centralized permitting, and byproduct regulation frameworks—to prepare for commercialization.

For compliance professionals, these developments signal a rapidly evolving landscape. The Nuclear Regulatory Commission’s move to regulate fusion separately from fission, alongside the 2024 ADVANCE Act, reflects regulatory agility. Yet critical permitting and environmental review timelines remain unresolved. The bipartisan support spanning both recent administrations underscores enduring momentum, but also rising pressure for regulators, states, and industry to craft rules that balance safety, speed, and innovation.

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