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Alliance for the Wild Rockies v. Marten

A district court granted in part summary judgment for environmental groups in a challenge to FWS' and the Forest Service's decisions regarding a logging and prescribed burning project in the Helena-Lewis and Clark National Forest. The groups argued the Services violated the ESA by failing to reiniti...

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.

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...