The Nickel Report

Trends and Developments in Energy and Environmental Law

Latest from The Nickel Report - Page 2

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

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

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

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

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

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’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