The Nickel Report

For the fourth time in the last ten years, the US Environmental Protection Agency (EPA) has proposed to modify its Risk Management Program (RMP) regulations. EPA will hold a public hearing on the proposed modifications on March 10, 2026, and is accepting written public comment on the proposal through April 10, 2026.

The US Department of Justice (DOJ) recently announced it is “exercising its enforcement discretion to no longer pursue criminal charges . . . on allegations of tampering with onboard diagnostic devices in motor vehicles” under the Clean Air Act (CAA or Act). According to DOJ, this exercise of discretion not to criminally prosecute is based on “sound enforcement principles, efficient use of government resources[,] and avoiding overcriminalization of federal environmental law.” DOJ’s announcement is an about-face from years of criminal prosecutions for identical conduct, including an increase of these prosecutions under the first Trump administration. As a result of this new policy, DOJ is now dismissing existing CAA criminal tampering cases—more than a dozen prosecutions thus far—and the decision may impact some 20 or more ongoing investigations. DOJ stated in its announcement that it intends to continue to pursue civil enforcement for tampering cases under the Act in partnership with EPA.

On January 27, 2026, the Centre for Information Policy Leadership hosted a fireside chat with California Privacy Protection Agency General Counsel Phil Laird in honor of Data Privacy Day.

On January 8, 2026, the California Privacy Protection Agency announced enforcement activity against Rickenbacher Data LLC d/b/a Datamasters and S&P Global Inc. for failing to register as data brokers in California.