The Nickel Report

For companies assessing their compliance obligations under California’s climate disclosure laws, the whirlwind of legal developments, shifting implementation guidance from the California Air Resources Board (CARB), and uncertainty about the laws’ applicability and substantive compliance obligations continues to present challenges.

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 November 10, 2025, the US Environmental Protection Agency (EPA) issued a pre-publication copy of its proposed rule to significantly reduce the scope of PFAS reporting under Section 8(a)(7) of the Toxic Substances Control Act (TSCA). Significantly, EPA’s proposal would exempt imported articles from reporting. Once the proposed rule is published in the Federal Register, it will be subject to a 45-day comment period.

Producer associations launch Textile Renewal Alliance as a prospective PRO to implement California’s textile EPR law.

In 2025, California, Massachusetts, New York, and Washington proposed fashion accountability bills to impose environmental due diligence requirements on high-earning businesses in the fashion industry.