The Nickel Report

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.

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.