The Nickel Report

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.

Despite broad shifts in enforcement priorities across the federal government, the US Environmental Protection Agency (EPA) continues to pursue aggressive enforcement of Toxic Substances Control Act (TSCA) violations. Actions taken by EPA in 2025 to date demonstrate sustained TSCA enforcement, including with respect to chemical regulations and particularly chemical data reporting requirements. Environmental non-governmental organizations (NGOs) are also utilizing TSCA’s Section 20 citizen suit authority to bring lawsuits against companies over alleged reporting noncompliance as well. Chemical manufacturers and importers should stay apprised of these enforcement trends and proactively manage their TSCA compliance strategies to reduce enforcement and litigation risk.

Last week marked the close of the 30th Conference of the Parties (COP30) to the United Nations Framework Convention on Climate Change (UNFCCC) in Belém, Brazil. COP30, billed by some as the COP of “truth” or “implementation,” sought to advance key issues tied to the climate goals established under the Paris Agreement, now ten years in effect. Below is an overview of the most notable developments from Belém and the emerging expectations for future climate action. 

For companies assessing their compliance obligations under California’s climate disclosure laws, the whirlwind of legal developments, shifting implementation guidance from the California Air Resources Board (CARB), and uncertainty about the laws’ applicability and substantive compliance obligations continues to present challenges.

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.

On November 10, 2025, the US Environmental Protection Agency (EPA) issued a pre-publication copy of its proposed rule to significantly reduce the scope of PFAS reporting under Section 8(a)(7) of the Toxic Substances Control Act (TSCA). Significantly, EPA’s proposal would exempt imported articles from reporting. Once the proposed rule is published in the Federal Register, it will be subject to a 45-day comment period.

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 23, 2025, the Secretary of Energy, pursuant to his authority under section 403 of the Department of Energy Organization Act, directed the Federal Energy Regulatory Commission to initiate rulemaking procedures and consider an advance notice of proposed rulemaking that sets forth potential reforms to expedite and facilitate the interconnection of “large loads,” notably data centers, to the interstate transmission system.

In September 2025, federal agencies released their “Spring 2025” Regulatory Agendas that provide an outlook for numerous upcoming regulatory actions on chemicals under the new administration that could have significant implications for the regulated community.