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.

Gas stations are America’s largest carbon spigot, a leading source of neighborhood-based pollution, and a sacred cow. This Article takes a comprehensive look at gas stations through the lens of the climate crisis and the rise of electric vehicles, and proposes steps to improve and shrink the country’s gas station network in an environmentally and fiscally prudent manner. It argues that state and local government should regulate gas stations to advance their climate goals, reduce pollution of air, soil, and groundwater, improve public health, and save taxpayers money.

New oil and gas pipeline construction is increasingly controversial, with environmental and indigenous groups warning of leaks and spills, increased reliance on fossil fuels, and infringement upon indigenous land. Recent setbacks to three projects—the Dakota Access Pipeline, Keystone XL Pipeline, and Atlantic Coast Pipeline—reflect shifting legal, economic, and policy pressures facing new construction. On September 30, 2020, the Environmental Law Institute hosted a panel of experts who explored the emerging challenges facing oil and gas pipelines and discussed their future.

State wildlife agencies commonly claim they are entitled to manage wildlife under the public trust doctrine (PTD). This assertion is frequently made in judicial proceedings, with state requests that their managerial authority be given due force throughout state, private, federal, and even tribal lands. One might conclude that a rich body of PTD practices and policies exists for wildlife; in reality, the PTD in state wildlife management proves to be ephemeral.