The Nickel Report

The US Department of Agriculture (USDA) and its sub-agency, the US Forest Service (USFS), have taken two significant steps to modernize the regulatory framework governing hard rock mining on National Forest System (NFS) lands. USFS has proposed an overhaul of its locatable mineral regulations, while USDA has finalized updates to its NEPA implementing procedures, together reshaping how mining operations are planned, permitted, and reviewed on federal forest lands. Operators should take note of both.

On April 1, 2026, the National Highway Traffic and Safety Administration issued a notice of proposed rulemaking to amend Federal Motor Vehicle Safety Standard No. 110 to accommodate certain Automated Driving System-equipped vehicles. This action is NHTSA’s latest effort to address automated vehicles and develop corresponding national standards. NHTSA seeks public comment on the proposed changes, with the 30-day comment period closing on May 1, 2026.

Over the past several months, EPA has significantly increased its enforcement focus on imported pesticides, targeting unregistered, misbranded, or adulterated items coming into the United States. Working in concert with US Customs and Border Protection (CBP), the agency reportedly blocked over 1.6 million pounds of pesticide imports at ports across America in 2025 for alleged violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). In view of increased inspection activity, importers and sellers (including online retailers) of pesticides and devices should take steps to ensure compliance and mitigate the risk of costly delays and disruptions from refused import entry.

The International Organization for Standardization (ISO) has finalized and released a new version of ISO 27914 (ISO 27914:2026), the standard for underground storage of carbon dioxide in geological formations that do not produce hydrocarbons. 

The Fourth Circuit Court of Appeals recently held oral argument in what has been described as a landmark Clean Water Act case involving whether a permit violation can create a presumption of irreparable harm sufficient to support an order granting a preliminary injunction.

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 addressing the unmanaged combustion residual leachate provisions in the 2024 Rule.

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 enable large-scale deployment of these vehicles nationwide. This development was closely followed by NHTSA’s issuance of two notices of proposed rulemakings (NPRM), which propose to exempt AVs from specific Federal Motor Vehicle Safety Standards (FMVSS). This progression suggests agency recognition of the realities of evolving technology and a corresponding willingness to take a flexible approach to the applicability of certain FMVSSs to AVs.

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 have significant benefits for agricultural producers nationwide.

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 implementing regulations promulgated by the Council on Environmental Quality (CEQ) and judicial precedent interpreting those regulations. As a result of its requirements and challenges questioning agency compliance with those requirements, critical projects were slowed or abandoned due to NEPA review timeframes and the threat of litigation from project opponents.

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.