The Nickel Report

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.

In 2025, four states—California, Massachusetts, New York, and Washington—proposed fashion accountability bills. These bills would require high-earning entities in the fashion industry to conduct extensive supply chain due diligence, and to monitor and report greenhouse gas (GHG) emissions, water use, and chemical management.

During its monthly meeting on February 26, 2026, the California Air Resources Board (CARB) approved staff’s proposed initial implementing regulations for California’s climate emissions disclosure and financial risk reporting laws enacted in 2023, SB 253 and SB 261. The rulemaking package approved by the Board establishes CARB’s administration and implementation fee program and finalizes key regulatory definitions for fee assessment and program applicability.