The Nickel Report

On August 13, 2025, the Department of Energy (DOE) announced its intent to issue notices of funding opportunities (NOFOs) totaling nearly $1 billion to support enhancing and expanding technologies for mining, processing, and manufacturing at crucial points in the supply chains of critical minerals and materials. This announcement follows the Unleashing American Energy executive order issued in January 2025, previously summarized here. DOE’s NOFOs are intended to support the establishment of a more reliable, stable, and cost-effective supply of critical minerals and materials, which the agency considers fundamental for maintaining America’s energy dominance, safeguarding US national security, and boosting US industrial competitiveness.

On August 7, 2025, President Donald J. Trump issued an executive order titled “Improving Oversight of Federal Grantmaking” (Executive Order) directing agencies to take steps towards reforming the federal grantmaking process, with the goal of streamlining processes, enhancing executive branch oversight and control of federal financial assistance, and aligning federal financial assistance with agency priorities and the national interest. The Executive Order will impact organizations, companies, and projects receiving federal financial assistance by implementing political appointee-level oversight of decision-making and providing federal agencies with termination-for-convenience rights over many existing and future federal awards.

While the Trump Administration has emphasized regulatory reform and prioritized agency efficiency across the federal government, EPA continues to pursue aggressive enforcement of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Actions taken by EPA over the first six months of President Trump’s current term demonstrate sustained FIFRA enforcement, with notably high penalty amounts being assessed, including one case resulting in a $3 million penalty. These latest enforcement trends signal that pesticide manufacturers, distributors, and sellers must remain vigilant in complying with FIFRA requirements.

The U.S. Court of Appeals for the Ninth Circuit recently found that the U.S. Environmental Protection Agency (EPA) failed to properly consider advances in wastewater treatment technology and ordered EPA to reconsider updating the effluent limitations guidelines (ELGs) for seven industrial categories.

On July 23, 2025, President Donald J. Trump issued three key Executive Orders (the AI Executive Orders) simultaneously with the release of Winning the AI Race: America’s AI Action Plan (AI Action Plan). Building on earlier executive actions, the AI Action Plan sets forth three pillars that outline the Administration’s artificial intelligence (AI) industrial policy: (1) accelerate innovation; (2) build American AI infrastructure; and (3) lead in international AI diplomacy and security.

On July 4, 2025, the One Big Beautiful Bill Act (H.R.1) (the “OBBB”) was signed into law by President Trump. This comprehensive budget reconciliation bill includes provisions related to federal spending, tax policy, healthcare, border security, energy and more.

On July 4, 2025, the One Big Beautiful Bill Act (H.R.1) (the “OBBB”) was signed into law by President Trump. This comprehensive budget reconciliation bill includes provisions related to tax policy, federal spending, healthcare, border security, energy, and more.

On June 30, 2025, President Donald J. Trump signed a Presidential Memorandum titled Simplifying the Funding of Energy Infrastructure and Critical Mineral and Material Projects. Building on earlier presidential actions, including the Immediate Measures to Increase American Mineral Production executive order that called for the Export-Import Bank of the United States (EXIM), the United States International Development Finance Corporation (DFC), the Department of Energy (DOE), and other agencies to facilitate financing for mineral production projects, this Presidential Memorandum aims to enhance efficiency and simplify the funding process for energy infrastructure and critical mineral and material projects by streamlining federal funding applications.

On June 16, the Trump Administration reinstated the National Coal Council (“NCC”), a federal advisory committee that lapsed in 2021. The Federal Register notice issued by the Department of Energy (“DOE”) announcing the reinstatement states that NCC is authorized for a two-year term. The NCC will consist of members from various coal-related sectors advising Secretary of Energy Chris Wright on coal matters.

On June 18, 2025, the Supreme Court decided Oklahoma v. EPA and EPA v. Calumet, a pair of cases that focus on the Clean Air Act’s (CAA or Act) venue selection provisions.

The judicial review provisions of the Act send review of “nationally applicable” EPA actions to the DC Circuit and review of “locally or regionally applicable” EPA actions to the regional circuits. See 42 U.S.C. § 7607(b)(1). However, in an exception to that rule, venue may lie in the DC Circuit for regionally applicable actions that are “based on a determination of nationwide scope or effect.” In the Court’s two recent decisions, it explained that the CAA venue analysis called for a two-step inquiry. First, courts must decide whether the EPA action is nationally applicable or only locally or regionally applicable; if nationally applicable, the case belongs in the DC Circuit. Second, if locally or regionally applicable, courts must decide whether the case falls within the exception for “nationwide scope or effect” to override the default rule of regional circuit review.