The Nickel Report

On July 25, 2024, the US Environmental Protection Agency (EPA) proposed to designate acetaldehyde (CASRN 75-07-0), acrylonitrile (CASRN 107-13-1), benzenamine (CASRN 62-53-3), vinyl chloride (CASRN 75-01-4), and 4,4-methylene bis(2-chloroaniline) (MBOCA) (CASRN 101-14-4) as high-priority substances for risk evaluation under the Toxic Substances Control Act (TSCA).

Recent developments could impact implementation timing and compliance obligations under California’s landmark climate emissions disclosure and financial risk reporting laws that were enacted last year.

States across the country continue to add to the growing patchwork of restrictions for per- and polyfluoroalkyl substances (PFAS) in products, posing challenges for those who manufacture, distribute, and sell products in the U.S. In 2024 alone, states introduced nearly 250 bills addressing PFAS, including restrictions for PFAS in products. Thirteen states have already enacted laws regulating PFAS in products, including (as previously reported) Minnesota and California. In the past few months, Maine, Colorado, Connecticut, Vermont, and Rhode Island have joined the list, each with its own unique and nuanced set of requirements, deadlines and exemptions. The variations in these state laws presents a complicated compliance matrix, necessitating an informed and strategic approach, particularly for companies navigating the complexities of extensive, global supply chains. Below, we provide our analysis of these new laws that companies selling products in these states should be aware of.

The Bureau of Land Management (BLM) has issued a final rule to make adjustments to its location and maintenance fees for unpatented mining claims, mill sites, and tunnel sites. The rule became effective on July 1, 2024. 

The new fees are in effect for the 2025 assessment year, which starts September 1, 2024.

On June 24, 2024, the Supreme Court granted a petition for writ of certiorari in Seven County Infrastructure Coalition v. Eagle County, CO, (23-975), a case challenging the scope of an environmental review conducted by the Surface Transportation Board (“Board”) pursuant to the National Environmental Policy Act ("NEPA”) for an 88-mile rail line project in Utah. The question before the Court is whether NEPA requires federal agencies to study the environmental impacts of proposed projects beyond the proximate effects of the action that an agency has no authority to regulate.

The Mining Law of 1872 allows people to prospect for valuable minerals on public lands. Prospectors can “locate” or “stake” mining claims. In 1999, the Bureau of Land Management (BLM) proposed a regulation to limit mining claimants from locating more than one mill site for each mining claim. Later, in 2003, BLM promulgated a Final Rule withdrawing the proposed 1999 regulation. In a decision filed on June 25, 2024, the U.S. Court of Appeals for the District of Columbia Circuit affirmed the district court’s decision to uphold the 2003 Final Rule.

As recently reported on the Hunton Retail Law Resource blog, Washington State became the first-in-the-nation to pass an almost complete ban on the manufacture and sale of cookware containing lead in March 2024. Starting in January 2026, HB 1551 sets the maximum lead content level for cookware and cookware components at five (5) parts per million (ppm). The law is both broad in scope and stringent in its lead limit, making it important for entities that sell cookware or offer cookware for sale in the state of Washington to begin thinking about compliance now. 

The Chevron doctrine – the bedrock principle of administrative law under which courts afforded deference to administrative agency interpretations in the face of statutory ambiguity – is no more.  On June 28, 2024, the U.S. Supreme Court issued a long-anticipated decision that addresses the authority of regulatory agencies to dictate policy and the extent to which courts will exercise their own judgment as to the meaning of a statute and how that may bound agency decisions. 

The Division of Mine Reclamation (DMR) has announced it will be taking “heightened efforts” to enforce regulatory compliance under the California Surface Mining and Reclamation Act (SMARA), the state’s comprehensive surface mining and reclamation program.  DMR’s objective is to “enable the highest standards of regulatory compliance and equity”.

Earlier this month, the US Department of Energy (DOE) released the first National Definition of a Zero-Emissions Building. DOE intends for this definition to set forth “standardized, consistent, and measurable minimum criteria” that can be adopted by public and private entities to support the transition for buildings toward zero emissions. The release of the definition follows on the heels of DOE’s National Blueprint for the Buildings Sectors, published in April. The Blueprint sets forth actions with the aim of reducing greenhouse gas emissions from US buildings 65% by 2035 and 90% by 2050 from a 2005 baseline, with cross-cutting goals of equity, affordability, and resilience. While this definition serves only as non-binding guidance, it may influence other regulatory and industry standards as buildings move toward decarbonization.