The Nickel Report

On October 23, 2025, the Secretary of Energy, pursuant to his authority under section 403 of the Department of Energy Organization Act, directed the Federal Energy Regulatory Commission to initiate rulemaking procedures and consider an advance notice of proposed rulemaking that sets forth potential reforms to expedite and facilitate the interconnection of “large loads,” notably data centers, to the interstate transmission system.

In September 2025, federal agencies released their “Spring 2025” Regulatory Agendas that provide an outlook for numerous upcoming regulatory actions on chemicals under the new administration that could have significant implications for the regulated community.

On October 2, EPA published the proposed effluent limitations guidelines (ELG) Deadline Extension Rule for the steam electric power generating industry, to revise a series of provisions from the 2024 ELG rule.

On September 30, 2025, the U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit) issued Sierra Club v. FERC, which upheld the Federal Energy Regulatory Commission’s (FERC) authorization of a 32-mile pipeline that will supply natural gas to a Tennessee Valley Authority (TVA) project at which TVA is replacing a coal-fired power unit with a natural gas turbine. The opinion is significant because the D.C. Circuit recognized, for the first time, that its controversial Sabal Trail opinion was abrogated by the Supreme Court’s recent decision in Seven County Infrastructure Coalition v. Eagle County, Colorado.

On October 10, 2025, Governor Newsom signed SB 614, which lifted the ban on carbon dioxide (CO₂) pipelines in California and established the path to the new regulatory framework for CO₂ pipelines in the state.

On Friday, October 10, the California Air Resources Board (CARB) posted for public comment a draft template for reporting Scope 1 and Scope 2 greenhouse gas (GHG) emissions pursuant to California SB 253, the Climate Corporate Data Accountability Act (Act). Along with the draft template, CARB also posted an explanatory memorandum.

On October 1, 2025, the Federal Energy Regulatory Commission issued a direct final rule inserting a conditional sunset date into certain regulations in response to Executive Order 14270, “Zero-Based Regulatory Budgeting to Unleash American Energy.”

On September 29, 2025, the White House Council on Environmental Quality issued key guidance to federal agencies on implementation of the National Environmental Policy Act.

On September 24, the California Air Resources Board (CARB) published a preliminary list of entities that CARB believes may be subject to climate reporting under SB 253 and SB 219 (requiring corporate greenhouse gas reporting) and SB 261 (requiring climate-related financial risk disclosure). CARB had previously announced its intention to release this list in its August workshop on regulation development and additional guidance regarding SB 253/261/219 implementation, of which a recorded video is available here.

On September 18, 2025, the California State Mining and Geology Board (SMGB) voted to initiate pre-rulemaking activities to define the term “critical mineral” under state regulations. According to the Board’s agenda materials, the definition is intended to support California’s clean-energy transition and provide clearer guidance to local agencies and planners engaged in permitting mining projects.