The Nickel Report

On July 14, 2026, the US Fish and Wildlife Service and the National Marine Fisheries Service (together, Services) issued a final rule rescinding the regulatory definition of “harm” under the Endangered Species Act (ESA) and thereby shifting its interpretation of the ESA’s “take” prohibition to no longer extend to habitat modification. This rule marks the administration’s latest protected species-related deregulatory action and will become effective 60 days after publication, on September 14, 2026. The final rule is highly controversial and has already drawn legal challenges in three different suits.

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. 

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” standard and begin developing internal mechanisms to ensure compliance and avoid unexpected production pauses or enforcement actions.

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 components or a fare may not be presented in the same or larger size as the total price; and rescind nine air fare price advertising guidance documents. DOT is accepting comment until July 31, 2026.

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 of the six Independent System Operators and Regional Transmission Organizations (ISOs/RTOs) subject to its jurisdiction. The Show Cause Orders find that ISO/RTO tariffs appear to be unjust, unreasonable, and/or unduly discriminatory because they do not clearly, consistently, or completely address key large load interconnection issues. Each ISO/RTO must file a response that explains why FERC’s concerns are invalid or describes reforms that FERC could impose under section 206 of the Federal Power Act.

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 took the position that the National Environmental Policy Act does not require a discrete cumulative effects analysis.

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 “smarter science for smarter outcomes.” Nothing in the announcement suggests EPA intends to revise the National Contingency Plan or modify the CERCLA liability framework. Instead, the agency is attempting to improve how existing authorities are used and coordinated in an effort to reduce delays, lower administrative burdens, and move Superfund sites more quickly toward remediation and productive reuse.

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 sources (e.g., visual, physical, external, etc.). NHTSA intends to examine the effectiveness of this technology and to assess driver acceptance. This agency action marks NHTSA’s latest step in advancing safety measures and meeting statutory directives. NHTSA is accepting comments until August 10, 2026.

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 CCUS projects.

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 guarantee third-party loans made in support of a variety of qualifying energy-related projects.