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Truck Trailer Manufacturers Ass'n v. Environmental Protection Agency

The D.C. Circuit granted a trade group's petition to review a 2016 rule issued by EPA and the National Highway Traffic Safety Administration that set greenhouse gas emissions and fuel efficiency standards for medium- and heavy-duty engines and vehicles. The group challenged the agencies' authority t...

Mining Our Future Critical Minerals: Does Darkness Await Us?

We are told the transition to a zero-carbon economy will depend upon the United States’ ability to assure a sufficient supply of rare earths and minerals such as cobalt, nickel, or lithium. The Biden Administration is intent on promoting some new form of a critical mineral policy, and calls for reforming the 1872 Mining Law have persisted for well over one hundred years. This Article is designed to provoke a meaningful conversation about a critical minerals policy informed by our past.

Green Bonds and the Climate Crisis

Environmentally conscious financiers are increasingly pursuing green ventures, especially through green bonds and stocks, social investing, and social benefit corporations. On September 21, 2021, the Environmental Law Institute hosted a panel of experts for its Environmental Law and Finance Series that explored the regulatory process for green bonds and stocks, best practices for advising stakeholders and clients interested in green bonds, and the opportunities and challenges of leveraging green financial tools to combat climate change.

Cascadia Wildlands v. Warnack

A district court granted environmental groups' motion to preliminarily enjoin a logging project in the Willamette National Forest in areas affected by wildfires. The groups argued the Forest Service could not use the road repair and maintenance categorical exclusion (CE) to avoid NEPA review of the ...

Bristol Bay Economic Development Corp. v. Pirzadeh

A district court granted EPA's motion to remand and vacate the Agency's 2019 decision to withdraw a proposed determination that would have restricted a copper and gold mine from using certain waters at disposal sites for dredged and fill material. The court found that neither retention of jurisdicti...