The Nickel Report

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.

After much anticipation and delay, California’s Office of Administrative Law has officially finalized the California Department of Resources Recycling and Recovery’s permanent regulations for the state’s extended producer responsibility program. As we previously reported, the regulations were delayed last March over concerns about cost to businesses and consumers.

On April 23, 2026, US EPA announced the release of a publicly accessible list of confidential business information (CBI) claims submitted by companies 10 years ago that are scheduled to expire under the Toxic Substances Control Act (TSCA). The list includes 293 CBI claims that will expire between June 22, 2026, and July 31, 2026. EPA will add to the list on a monthly basis as CBI claims continue to approach their expiration dates. In addition, EPA intends to directly notify the original submitter of each expiring CBI claim via the agency’s electronic document system, the Central Data Exchange (CDX). Companies that submitted TSCA CBI claims between the time when TSCA was amended on June 22, 2016, and July 31, 2026, should carefully review this list and monitor their CDX accounts, verify whether any of their CBI claims are included, and prepare to submit extension requests to maintain critical CBI protections. These extension requests must be made no later than 30 days prior to the expiration of the CBI claim. Companies who fail to renew expiring CBI claims risk losing protection from disclosure of their confidential information.

On April 27, 2026, the U.S. Department of Transportation and certain operating administrations issued a final rule that is likely to result in deregulation and increased opportunities for regulated communities to engage with agency decision-making. This rule reinstates and updates certain procedural requirements governing agency rulemaking, guidance, and enforcement actions. Importantly, this final rule spans across much of DOT and has far-reaching implications for how the Department and its operating administrations conduct enforcement actions and develop regulations and guidance for regulated parties. This final rule is effective on May 27, 2026.

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.