EO 14241—Immediate Measures to Increase American Mineral Production: El Dorado or Bust?
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. 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, in the context of both past and current litigation involving similar EOs. It also discusses practical considerations for the Administration’s proposed federal control of national mining and mineral industries on an expedited basis.