The Nickel Report

On September 30, 2025, the U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit) issued Sierra Club v. FERC, which upheld the Federal Energy Regulatory Commission’s (FERC) authorization of a 32-mile pipeline that will supply natural gas to a Tennessee Valley Authority (TVA) project at which TVA is replacing a coal-fired power unit with a natural gas turbine. The opinion is significant because the D.C. Circuit recognized, for the first time, that its controversial Sabal Trail opinion was abrogated by the Supreme Court’s recent decision in Seven County Infrastructure Coalition v. Eagle County, Colorado.

On October 10, 2025, Governor Newsom signed SB 614, which lifted the ban on carbon dioxide (CO₂) pipelines in California and established the path to the new regulatory framework for CO₂ pipelines in the state.

On October 1, 2025, the Federal Energy Regulatory Commission issued a direct final rule inserting a conditional sunset date into certain regulations in response to Executive Order 14270, “Zero-Based Regulatory Budgeting to Unleash American Energy.”

On September 29, 2025, the White House Council on Environmental Quality issued key guidance to federal agencies on implementation of the National Environmental Policy Act.

On August 29, 2025, the Secretary of Energy directed the Federal Energy Regulatory Commission to rescind the Updated Certificate Policy Statement pursuant to his authority under section 403 of the Department of Energy Reorganization Act.

On May 29, 2025, in a decision long-awaited by project developers, the Supreme Court issued Seven County Infrastructure Coalition v. Eagle County, Colorado, which clarified the proper scope of review and deference to be afforded to agency decisionmaking under the National Environmental Policy Act (NEPA). This decision reinforces longstanding Supreme Court holdings and may help improve the NEPA process by providing support for agencies to focus their NEPA reviews on impacts associated with their authorizations.

In recent weeks, the House Committees on Energy & Commerce and Natural Resources considered several legislative proposals that contemplate amendments to, among other things, the Federal Power Act, National Environmental Policy Act, and federal oil and gas leasing policy.