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.

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.