The Nickel Report

Since its first day in office, the current administration has taken steps to curtail the development of renewable energy, and wind energy in particular. Just over a year in, the administration’s intentions do not seem to have changed, but there are signs that legal challenges are affecting implementation of its policies toward renewable energy development.

On February 17, 2026, the Federal Aviation Administration (FAA) issued a final rule adopting a new airworthiness directive (AD) for certain Bombardier Inc. airplanes. This new AD requires locking features to be installed on applicable network interfaces to prevent unauthorized network access. FAA seeks 45-day public comment on any written data, views, or arguments associated with this final rule, ending on April 3, 2026.

Among the changes, the proposed rule would amend Hazardous Materials Regulations to treat sodium ion batteries in a manner similar to the way lithium ion batteries are regulated.

On February 10, 2026, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice of proposed rulemaking (NPRM) to amend the Hazardous Materials Regulations (HMR) to adopt certain international regulations and standards concerning proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quality limitations, and vessel stowage requirements. Notably, in this NPRM, PHMSA recognizes the increased use of sodium ion batteries and proposes various changes to regulate them in the same manner as lithium ion batteries.

Perhaps the biggest EPR news to date is the February 6, 2026 decision by the US District Court for the District of Oregon granting the National Association of Wholesaler-Distributors Inc. (NAW) a preliminary injunction to block enforcement of Oregon’s Plastic Pollution and Recycling Modernization Act (RMA) pending a decision on the merits.^[1] The Oregon litigation has the potential to affect the scope of EPR programs across the country, potentially extending beyond packaging to other products. In the meantime, product manufacturers and retailers must continue to wrestle with how best to manage EPR compliance and related costs and business impacts.

On February 9, 2026, the National Highway Traffic Safety Administration (NHTSA) published a notice of a public meeting to provide updates on and insights into ongoing activities regarding vehicle automation across NHTSA. The meeting will be held in person and is scheduled to take place all day on March 10, 2026.

The Virginia Department of Environmental Quality has recently published guidance that addresses data center backup power and what constitutes an “emergency” justifying the use of emergency generators.

On November 21, the US Fish and Wildlife Service and the National Marine Fisheries Service published four proposed rules to amend the Endangered Species Act implementing regulations. Generally, the Services propose to reinstate language from the first Trump Administration’s 2019 regulations in provisions concerning interagency section 7 consultation, criteria for listing species and designating critical habitat, protections for threatened species, and exclusions from critical habitat designation.

On November 20, 2025, the U.S. Environmental Protection Agency and U.S. Department of the Army issued a notice of a proposed rulemaking to update the definition of “waters of the United States” under the Clean Water Act for consistency with the US Supreme Court’s 2023 decision in Sackett v. Environmental Protection Agency and to clarify key terms for implementation.

Producer associations launch Textile Renewal Alliance as a prospective PRO to implement California’s textile EPR law.

In 2025, California, Massachusetts, New York, and Washington proposed fashion accountability bills to impose environmental due diligence requirements on high-earning businesses in the fashion industry.

On October 2, EPA published the proposed effluent limitations guidelines (ELG) Deadline Extension Rule for the steam electric power generating industry, to revise a series of provisions from the 2024 ELG rule.