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Building Better Building Performance Standards

Policymakers at the local, state, and federal levels are increasingly turning to building performance standards (BPSs) to reduce buildings’ contributions to climate change. A key question in designing BPSs is what “metric” the standards should use to gauge a building’s performance. This Comment provides general background information on the case for regulating energy use in buildings, reviews the two general categories of metrics in existing BPSs and explains why an energy efficiency-based standard is superior to a greenhouse gas-based standard, and highlights the findings from a study of N

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.