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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.

Maryland v. Exxon Mobil Corp.

A district court granted in part and denied in part gasoline companies' motion for summary judgment in a lawsuit brought by the state of Maryland seeking to redress alleged contamination of its waters with methyl tertiary butyl ether. Maryland brought various common law claims and statutory claims u...

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...