The Nickel Report

The US Environmental Protection Agency (EPA) recently announced significant changes coming for two of its major rules that regulate per- and-polyfluoroalkyl substances (PFAS). First, EPA announced on May 12, 2025, that it is delaying the reporting period for the Toxic Substances Control Act (TSCA) Section 8(a)(7) PFAS Reporting Rule and is also considering reopening the entire rule to make substantive revisions. Second, on May 14, 2025, EPA also announced that it plans to withdraw its drinking water standards under the Safe Drinking Water Act (SDWA) for four of the six PFAS that EPA sought to regulate.

On May 15, 2025, the California State Mining and Geology Board voted to establish the Critical Minerals Committee. The committee was established by a unanimous 9-0 vote.

The U.S. Department of Justice (DOJ) recently filed four lawsuits against states related to specific climate change actions they have taken or planned to take. On April 30, 2025, DOJ preemptively sued Hawaii and Michigan to prevent both states from going forward with their stated intent to pursue legal action against fossil fuel companies for alleged harms caused by climate change and to declare those states’ claims unconstitutional. The following day, on May 1, 2025, DOJ sued New York and Vermont for their enactment of climate “superfund” laws, which create retroactive cost recovery claims on producers of fossil fuels, seeking to enjoin the enforcement of those statutes and to have them declared unconstitutional as well.

In recent weeks, the House Committees on Energy & Commerce and Natural Resources considered several legislative proposals that contemplate amendments to, among other things, the Federal Power Act, National Environmental Policy Act, and federal oil and gas leasing policy.

On April 29, 2025, EPA Region 6 entered into a Memorandum of Agreement (MOA) with the Texas Railroad Commission (RRC) that outlines the state’s plans for administering its Class VI injection well program related to carbon capture, utilization, and sequestration. The MOA delineates the responsibility of authority for administering all Class VI injection well activities and regulation in the State of Texas. The signing of the MOA is a significant step towards RRC’s primacy over its Class VI injection well program and represents the end of the application phase of RRC’s primacy effort and the beginning of the proposed rulemaking phase.

On April 28, 2025, EPA Administrator Lee Zeldin revealed the agency’s strategic plans across program offices to address per- and-polyfluoroalkyl substances (PFAS), commonly known as “forever chemicals.” This marks the first public announcement from the new Trump Administration on this issue. EPA aims to implement comprehensive actions targeting PFAS in areas such as water, air emissions, land, waste, and manufactured and imported products. Although specific details are still pending, the announcement foreshadows potential regulatory and enforcement actions the agency may prioritize in the coming months, guided by principles of strengthening scientific research, fulfilling legal obligations, enhancing communication, and building partnerships.