On December 18, 2025, the House of Representatives passed H.R. 1366, the Mining Regulatory Clarity Act of 2025, legislation that seeks to overturn a 2022 Ninth Circuit Court of Appeals decision that upended more than four decades of regulatory practice governing hardrock mining on federal lands. The bipartisan bill, introduced…
On December 18, 2025, the House of Representatives passed the Standardizing Permitting and Expediting Environmental Decisions (SPEED) Act by a vote of 221-196. The legislation represents the most comprehensive proposed reform of the National Environmental Policy Act (NEPA) in decades and marks a significant milestone in efforts to streamline federal…
The Trump administration has unveiled the first 10 mining projects designated for accelerated federal permitting under Executive Order 14157, Immediate Measures to Increase American Mineral Production, which prioritizes expedited permitting, federal land leasing, and funding of mining projects (discussed in our previous blogpost here). Published by the Federal Permitting Improvement Steering…
By Kerry Shapiro On January 20, 2025, President Donald J. Trump issued the “Unleashing American Energy” Executive Order to, among other things, establish the United States as a “leading producer and processor of non-fuel minerals.” (“Executive Order”) The Executive Order emphasizes key energy policies, including the removal of EV-mandates and…
By Kerry Shapiro On May 25, 2023, the United States Supreme Court issued its ruling in Sackett v. Environmental Protection Agency, narrowing the scope of the Environmental Protection Agency’s (EPA) regulatory authority under the Clean Water Act (CWA). The court held that the EPA’s authority under the CWA extends only…
By Kerry Shapiro The last month has seen a flurry of activity related to the California and Federal Endangered Species Acts, including: The California Supreme Court’s denial of review in the Almond Alliance of California v. California Fish and Game Commission litigation Governor Gavin Newsom’s appointment of a fifth member…
By Kerry Shapiro On August 30, 2021, the U.S. District Court for the District of Arizona issued an order in Pasqua Yaqui Tribe, et al. v. U.S. EPA, et al., vacating the Navigable Waters Protection Rule (“NWPR”) and remanding the rule back to the Environmental Protection Agency (“EPA”) and U.S.…
By Kerry Shapiro On September 9, 2021, the House Environmental and Natural Resources (“ENR”) Committee finished its mark-up of the $3.5 trillion reconciliation budget measure. Inserted at the very end of the 117-page mark-up is Section 70807: Hardrock Mining, which is a quiet attempt to reform the Mining Law of…
By Kerry Shapiro and Martin Stratte On January 20, 2021, President Biden’s first day in office, Acting Secretary of the Interior Scott de la Vega issued Secretarial Order No. 3395 (Order), which temporarily suspends decision-making authority delegated to Department of the Interior (DOI) Bureaus and Offices, such as the Bureau…
On December 9, 2020, the California Energy Commission (CEC) appointed nine members of the new Blue Ribbon Commission on Lithium Extraction in California (Lithium Valley Commission). The appointments were made pursuant to Assembly Bill 1657 (Garcia, Chapter 271, 2020) (AB 1657), which was signed into law by Governor Newsom on…