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Clean Water Act Rulemaking
A district court denied states' and industry groups' motion to stay an order vacating and remanding EPA's 2020 Clean Water Act Section 401 Certification Rule, which had limited the ability of states and Native American tribes to regulate water pollution. The states and groups moved to stay the order...
Mississippi v. Tennessee
The U.S. Supreme Court dismissed a lawsuit brought by Mississippi against Tennessee seeking damages for a Tennessee city's pumping of groundwater from the Middle Claiborne Aquifer. Mississippi argued that the pumping siphoned water away from Mississippi and amounted to a tortious taking of groundwat...
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.