The Nickel Report

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.

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.

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 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.