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 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.

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.