A district court granted summary judgment for environmental groups in a challenge to FWS' 2022 ESA rule affirming a 2013 rule that listed the streaked horned lark as a threatened species and expanding the 2013 §4(d) rule's exception for agricultural activities to all of the lark's range.

The D.C. Circuit denied environmental groups' challenge to FERC's approval of a pipeline to supply natural gas to the Tennessee Valley Authority's new turbine to replace a coal-fired power unit.

The September-October issue examines the Congressional Review Act repeal of California’s Clean Air Act waiver for vehicle emission standards, recent litigation directed at New York's and Vermont's Climate Superfund laws, and a March executive order that prioritizes mining critical minerals. Also included is a legal model for public-private city greening partnerships, as well an article offering a criminal law shield for nature. A transcript to a recent ELI webinar on the future of NEPA review in light of the U.S. Supreme Court's Seven County decision.

Executive Order No. 14241, Immediate Measures to Increase American Mineral Production, attempts to create a prominent role for the federal government in accelerating and expanding domestic mineral development and processing. But like other recent EOs, it substantially relies on inherent, unenumerated executive authority, leaving doubts about whether it can accomplish its stated goals. This Article examines the Order, the authority it claims, and likely legal challenges against both the Order and agency actions taken to implement it.