The US Department of Justice (DOJ) recently announced it is “exercising its enforcement discretion to no longer pursue criminal charges . . . on allegations of tampering with onboard diagnostic devices in motor vehicles” under the Clean Air Act (CAA or Act). According to DOJ, this exercise of discretion not to criminally prosecute is based
The Nickel Report
Trends and Developments in Energy and Environmental Law
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The Federal Aviation Administration Adopts New Airworthiness Directive for Bombardier Inc. Airplanes
On February 17, 2026, the Federal Aviation Administration (FAA) issued a final rule adopting a new airworthiness directive (AD) for certain Bombardier Inc. airplanes. This new AD requires locking features to be installed on applicable network interfaces to prevent unauthorized network access. FAA seeks 45-day public comment on any written data, views, or arguments associated…
PHMSA Publishes Notice of Proposed Rulemaking to Amend Hazardous Materials Regulations for Consistency with International Standards
Among the changes, the proposed rule would amend Hazardous Materials Regulations to treat sodium ion batteries in a manner similar to the way lithium ion batteries are regulated.
On February 10, 2026, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice of proposed rulemaking (NPRM) to amend the Hazardous Materials Regulations (HMR) to…
What to Watch for in 2026: Extended Producer Responsibility (EPR)
Perhaps the biggest EPR news to date is the February 6, 2026 decision by the US District Court for the District of Oregon granting the National Association of Wholesaler-Distributors Inc. (NAW) a preliminary injunction to block enforcement of Oregon’s Plastic Pollution and Recycling Modernization Act (RMA) pending a decision on the merits.[1] The Oregon…
NHTSA Automated Vehicle Safety Public Meeting and Comment Period: March 2026
On February 9, 2026, the National Highway Traffic Safety Administration (NHTSA) published a notice of a public meeting to provide updates on and insights into ongoing activities regarding vehicle automation across NHTSA. The meeting will be held in person and is scheduled to take place all day on March 10, 2026.Continue Reading ›
What to Watch For in 2026: A New Wave of PFAS Product Restrictions and Reporting Requirements Go Into Effect, with Many More Expected in 2027 and Beyond
Chemical manufacturers, product makers, and product retailers are gearing up for new state-level restrictions on products sold in stores and online that contain per- and-polyfluoroalkyl substances (PFAS). A total of 18 states have PFAS product restrictions ranging from bans to reporting to labeling requirements. The laws target primarily food packaging, cosmetics, cookware, and textiles, but…
California Climate Disclosure Laws: What to Expect in 2026
The past year saw the California Air Resources Board (CARB) grapple with implementation of California’s climate disclosure laws, SB 253 (Climate Corporate Data Accountability Act) and SB 261 (Climate-Related Financial Risk), both of which were enacted in 2023 with first compliance deadlines in 2026.Continue Reading ›
Managing Greenwashing Risks When Revising Sustainability Targets
In recent months, some companies have begun reconsidering their sustainability targets. This trend is influenced by a range of factors, including economic pressures and scrutiny of climate action by the current federal administration and state attorneys general. In addition, many companies with interim decarbonization goals (e.g., companies with “net zero by 2050 goals” that also…
EPA Issues “Compliance First” Enforcement Policy
EPA’s Office of Enforcement and Compliance Assurance (OECA) recently announced a major shift in the agency’s approach to environmental enforcement, emphasizing swift, efficient achievement of compliance over punitive or expansive enforcement measures. The “Reinforcing a ‘Compliance First’ Orientation for Compliance Assurance and Civil Enforcement Activities” memo (not publicly available as of this writing) clarifies that…
Status Update on the AIM Act and EPA’s HFC-Refrigerant Regulations
As we approach the new year, several regulatory initiatives concerning hydrofluorocarbons (HFCs) are on the horizon with major implications to the retail industry with particular impact on the retail food industry. Since ozone depleting substances were phased out of the economy beginning in the 1990s, HFCs have been the most commonly used refrigerant in air…