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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.

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...

Center for Biological Diversity v. U.S. Fish and Wildlife Service

A district court denied a water district's motion to intervene in an ESA lawsuit seeking protections for longfin smelt. The water district argued it had standing to intervene because its alleged injury—a reduction in water allocation—was economic, its injury was traceable to plaintiff's claims s...

The Parish of Plaquemines v. Chevron USA, Inc.

The Fifth Circuit affirmed in part and reversed in part district court rulings in a collection of lawsuits concerning oil companies' decades of drilling activities along the Louisiana coast. Six Louisiana parishes filed suit in state court, arguing the companies violated the Louisiana State and Loca...

Indigenous Environmental Network v. Trump

A district court denied a pipeline company's motion to dismiss a challenge to President Trump's issuance of a permit for construction of a cross-border segment of the Keystone XL oil pipeline. Environmental groups had argued the president's issuance of the permit violated the Property Clause, the Co...