The Nickel Report

As participation in Extended Producer Responsibility (EPR) programs continues to grow in the US, the financial burden of developing recycling infrastructure is being transferred to producers of products that fall under the EPR mandates. Since our last update in January, several key developments across multiple jurisdictions have occurred, including the beginning of several state programs.

On September 18, 2025, EPA Administrator Lee Zeldin announced the agency will be prioritizing the review of new chemicals under the Toxic Substances Control Act (TSCA) that are intended for use in data center projects, including the infrastructure that powers data centers, or for the manufacturing of covered components, as defined by Executive Order (EO) 14318, “Accelerating Federal Permitting of Data Center Infrastructure.” This prioritization of reviews will start with submissions received on or after September 29, 2025, and could accelerate time to market for chemistries supporting the expansion of US data center capacity. 

On September 10, the US Environmental Protection Agency (EPA) authorized the Arizona Department of Environmental Quality (ADEQ) to regulate all underground injection of carbon dioxide for long-term geological sequestration within Arizona’s jurisdiction. The final rule followed a comprehensive technical and legal review to ensure the state’s Underground Injection Control (UIC) program met all requirements under the Safe Drinking Water Act (SDWA) section 1422. As discussed in an earlier post, Arizona previously did not have primacy over any UIC well classes, unlike other states that have sought Class VI primacy thus far.

On August 29, 2025, the Secretary of Energy directed the Federal Energy Regulatory Commission to rescind the Updated Certificate Policy Statement pursuant to his authority under section 403 of the Department of Energy Reorganization Act.

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.