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...
The Ninth Circuit, 2-1, denied a petition for review challenging FAA's decision that found no significant environmental impact stemming from construction and operation of an air cargo facility at the San Bernardino International Airport. The state of California, environmental groups, a union, and in...
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.