On March 2, EPA’s final ELG Deadline Extensions Rule for the steam electric power generating industry went into effect. Additionally, EPA has indicated its intent to conduct supplemental rulemaking to address the underlying requirements in the 2024 ELG Rule. On March 9, EPA submitted a separate proposal to the Office of Management and Budget specifically
The Nickel Report
Trends and Developments in Energy and Environmental Law
NHTSA Takes Notable Steps to Address AVs and Develop a Federal Uniform AV Standard
Over the past two weeks the National Highway Traffic Safety Administration (NHTSA) has taken notable steps in its larger effort to address and develop a uniform framework for automated vehicles (AVs). Last week NHTSA published a request for public comment on an exemption application which, if granted, would exempt certain AVs from safety requirements and…
How the “Waters of the United States” Proposal Could Impact Prior Converted Cropland
The “prior converted cropland” exclusion exempts certain agricultural lands from Clean Water Act regulation. The 2025 “waters of the United States” proposed rule seeks to clarify and update this exclusion, making it easier for farmers to demonstrate that their prior converted cropland is not subject to the Clean Water Act. If finalized, the proposal could…
Recent Years Have Seen Major Shifts to the NEPA Landscape
In recent years, there have been major shifts involving the National Environmental Policy Act (NEPA) and its implementing regulations as a result of statutory amendments, court decisions, and the Trump Administration’s efforts to streamline federal permitting. For decades, NEPA’s sparse statutory language provided few specifics on NEPA implementation, and the regulatory framework was based on…
EPA Proposes to Revise RMP Regulations (Again)—What It Means for Regulated Facilities
For the fourth time in the last ten years, the US Environmental Protection Agency (EPA) has proposed to modify its Risk Management Program (RMP) regulations. EPA will hold a public hearing on the proposed modifications on March 10, 2026, and is accepting written public comment on the proposal through April 10, 2026.Continue Reading ›
Fashion Accountability Update: New York Bill Lives On
In 2025, four states—California, Massachusetts, New York, and Washington—proposed fashion accountability bills. These bills would require high-earning entities in the fashion industry to conduct extensive supply chain due diligence, and to monitor and report greenhouse gas (GHG) emissions, water use, and chemical management.Continue Reading ›
CARB Board Approves Climate Disclosure Initial Regulations
During its monthly meeting on February 26, 2026, the California Air Resources Board (CARB) approved staff’s proposed initial implementing regulations for California’s climate emissions disclosure and financial risk reporting laws enacted in 2023, SB 253 and SB 261. The rulemaking package approved by the Board establishes CARB’s administration and implementation fee program and finalizes key regulatory…
What to Watch for in 2026: EPA Highlights Major PFAS Actions in 2025 and Plans for Next Steps
On February 6, 2026, the US Environmental Protection Agency issued a press release highlighting significant actions addressing per- and polyfluoroalkyl substances (PFAS) taken during the first year of the new administration and signaling continued expansion of efforts affecting regulated entities. The announcement reiterates EPA’s continued commitment to making PFAS a top priority across its programs. The release…
Court Rejects Privilege Claim Over AI-Generated Documents
By Hunton
A recent federal court decision determined that documents created by a criminal defendant using AI and subsequently shared with legal counsel were not shielded by attorney-client privilege or the work product doctrine. In USA v. Heppner, Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York compelled the disclosure…
What to Watch for in 2026: The Trump Administration Resumes Eagle Take Permitting for Wind Facilities
Since its first day in office, the current administration has taken steps to curtail the development of renewable energy, and wind energy in particular. Just over a year in, the administration’s intentions do not seem to have changed, but there are signs that legal challenges are affecting implementation of its policies toward renewable energy development.