The Northern District of California vacated portions of four provisions in the Endangered Species Act Section 7 consultation regulations, reinstating earlier regulatory text governing effects of the action, mitigation measures, adverse modification, and the Service’s duty to request reinitiation. Continue Reading ›
The Nickel Report
Trends and Developments in Energy and Environmental Law
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California’s “Compostable” Labeling Standard: What to Expect in 2027
Starting in June 2027, California’s “compostable” labeling standard will prohibit certain products from being labeled as “compostable,” even if they are ASTM-certified. This is particularly important considering California’s Extended Producer Responsibility (EPR) law, which will require covered products to be either recyclable or compostable by 2032. Regulated entities should understand the contours of California’s “compostable”…
DOT Proposes to Revamp its Air Fare Advertising Rules
On July 1, 2026, the US Department of Transportation issued a notice of proposed rulemaking to revamp its rules related to air fare advertising. Specifically, DOT proposes to amend its rules to allow air fare components to be displayed with the same prominence as the total air fare price; eliminate prescriptive advertising regulation stating that…
FERC “Show Cause Orders” Seek to Accelerate Large Load Interconnections to the Grid
On June 18, the Federal Energy Regulatory Commission (FERC) took long-anticipated action to speed the interconnection of data centers, other large loads, and the generation resources necessary to power them to the interstate transmission grid. FERC has responded to a late 2025 proposal from the Department of Energy by issuing “Show Cause Orders” to each…
FERC to Limit Cumulative Effects Analyses
On June 18, 2026, the Federal Energy Regulatory Commission issued an order granting a certificate of public convenience and necessity to Eastern Gas Transmission and Storage, Inc. to add 550,000 dekatherms per day of firm transportation service on its system in Pennsylvania and Ohio through the “Appalachian Reliability Project.” In the Certificate Order, the Commission…
EPA’s Superfund Solutions Initiative: Evolution, Not Revolution
On June 3, 2026, EPA announced its new “Superfund Solutions Initiative,” a strategic effort intended to accelerate cleanup of the more than 1,340 sites currently listed on the National Priorities List. The initiative focuses on three broad objectives: enhancing project management, deploying existing cleanup authorities earlier in the process and applying what EPA describes as…
NHTSA Initiates the Process for a Contextual Driver Monitoring System Study
On June 10, 2026, the National Highway Traffic Safety Administration (NHTSA) issued a notice and request for comments on its intention to request approval for a new information collection on contextual Driver Monitoring Systems (DMS). The purpose of this research is to develop and evaluate a prototype contextual DMS that fuses data gathered from various…
DOE Issues Revised Title 17 Loan Program Guidance
By Hunton
On May 13, 2026, the US Department of Energy’s (DOE) Office of Energy Dominance Financing (OEDF) issued updated Program Guidance for the Title 17 Energy Financing Program. The Title 17 program, originally conceived in Title 17 of the Energy Policy Act of 2005 and periodically expanded and refined since, enables DOE acting through OEDF to…
California Air Resources Board Advances CCUS Program with Draft Concepts for Potential Regulations
On May 7, the California Air Resources Board (CARB) announced “Concepts for Potential Regulations for Establishing the Carbon Capture, Removals, Utilization, and Storage (CCUS) Program.” This draft document released by CARB staff furthers the agency’s obligation under California’s Senate Bill 905 (SB 905) to adopt regulations establishing a state permitting framework for approval of
California Finalizes Much-Anticipated Rules for Packaging Extended Producer Responsibility Program
After much anticipation and delay, California’s Office of Administrative Law has officially finalized the California Department of Resources Recycling and Recovery’s permanent regulations for the state’s extended producer responsibility program. As we previously reported, the regulations were delayed last March over concerns about cost to businesses and consumers.Continue Reading ›