The Nickel Report

On July 3, 2026, the administration released its “2026 Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions.” Historically released twice per year, the unified agenda provides a snapshot of numerous regulatory proposals from across federal agencies, including their expected timeframes for finalization. The US Environmental Protection Agency’s share of the agenda includes multiple proposals under the Toxic Substances Control Act (TSCA) as well as proposals related to per- and polyfluoroalkyl substances (PFAS). That subset largely comprises proposals that appeared on the most recent agenda (“Spring 2025,” released in September 2025), although most have updated timeframes. While some proposals may be further from becoming final rules, several are expected in the near term. When final, these rules could have significant implications for the regulated community.

On August 18, 2026, the D.C. Circuit upheld EPA’s designation of PFOA and PFOS as hazardous substances under CERCLA. See Chamber of Commerce v. EPA, No. 24-1051 (D.C. Cir., Aug. 18, 2026). The court rejected industry challenges to EPA’s analysis of contamination, cleanup costs, and broader economic impacts. It held that EPA reasonably explained its decision in the face of uncertainty because CERCLA response actions are discretionary, contingent, and site-specific, with multiple procedural safeguards before liability attaches. Further discretionary review is available, but, unless and until review is sought, and the panel’s decision reversed or vacated, the designation remains in force.

On July 24, 2026, the Advisory Council on Historic Preservation (ACHP) reportedly voted to move forward with a Notice of Proposed Rulemaking (NPRM) to amend the National Historic Preservation Act (NHPA) Section 106 implementing regulations. Subsequently, this NPRM was submitted to the White House Office of Management and Budget and is now awaiting review and approval to be published in the Federal Register. While the NPRM has not yet been publicly released, a draft that was sent to ACHP members was leaked to the press in late July. If the NPRM is similar to the leaked draft, the proposed changes would significantly streamline the Section 106 process for energy, mining, and infrastructure projects on federal lands or other entities requiring federal environmental permits.