The Nickel Report

On March 20, 2025, President Donald J. Trump issued an Executive Order calling for immediate measures to increase American mineral production. The order outlines several initiatives to streamline permitting processes and prioritize domestic mineral production projects.

The Trump Administration is initiating major changes to reduce NEPA burdens, including an interim final rule to repeal the longstanding White House Council for Environmental Quality (CEQ) NEPA regulations and CEQ guidance directing federal agencies to update their agency-specific NEPA regulations and procedures to prioritize efficiency and certainty. These actions implement directives from the President’s Executive Order (EO) 14154, Unleashing American Energy, to expedite and simplify the federal permitting process to unleash energy dominance through efficient federal permitting.  These changes may lead to more focused reviews and help accelerate federal permitting, although there is likely to be uncertainty in the implementation of NEPA in the near term as agencies work to update their regulations and procedures.

As of early 2025, the landscape of climate disclosure requirements in the United States is shifting. Unsurprisingly, the Trump Administration has signaled its intent to roll back the controversial federal climate disclosure rule promulgated by the Securities and Exchange Commission (“SEC” or “Commission”) last year. Meanwhile, implementation of California’s suite of climate disclosure laws is moving forward, and at least two other states are considering copy-cat legislation. As companies operating in the United States continue to prepare for compliance at the state level, they should consider these developments alongside potential changes to international and voluntary reporting standards and should work to implement corporate processes that ensure consistency and accuracy in reporting across all relevant frameworks.

Hours after being inaugurated for his second term, President Donald J. Trump signed an Executive Order entitled Unleashing American Energy. The Executive Order broadly states that it is the policy of the United States to encourage energy exploration and production on Federal lands and waters, ensure continuous energy supply, as well as establish the country as the leading producer of nonfuel minerals.  

The Extended Producer Responsibility (“EPR”) movement for packaging is growing in the U.S., marking a shift in how some states are approaching waste management and recycling. Rather than leaving municipalities to bear the full cost of waste management and recycling programs, states with EPR programs are poised to shift costs associated with building out recycling infrastructure to producers of products covered by EPR requirements. In 2024, there were significant legislative, regulatory, and programmatic developments in several states. We expect these trends to accelerate in 2025, as several programs reach the initial implementation phase of their EPR programs.

As Washington, DC readies itself for the new incoming Trump Administration, speculation has already begun regarding what this means for chemical policies, particularly at the US Environmental Protection Agency (EPA).

Over the past two weeks, the California Air Resources Board (CARB) has finally taken steps to begin implementation of climate disclosure legislation that was passed in 2023.

The Virginia Department of Environmental Quality (DEQ) has begun issuing notifications to facilities in the Commonwealth that it has identified as potential sources of per- and polyfluoroalkyl substances (PFAS) detected in public drinking water systems.

Over the past six years, federal and State lawmakers have done much to promote carbon capture utilization and storage (CCUS) - capturing carbon dioxide from an industrial source or from the air, then transporting it either for use in making new products or for underground disposal.  CCUS is considered indispensable for meeting global CO2 emission reduction targets.  Moreover, captured CO2 has tremendous potential value.

On August 16, 2024, federal agencies released their “Spring 2024” Unified Regulatory Agenda detailing the regulations that they are developing over the next several months as well as long-term actions planned over the next few years.