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Even critical minerals can get complicated.
In northeastern Minnesota, a fight over the proposed NewRange Copper Nickel mine, better known as PolyMet, has dragged on for nearly two decades. Permits have been issued and revoked; state and federal agencies have been sued. The argument at the heart of the saga is familiar: Whether the pollution and disruption the mine will create are worth it for the jobs and minerals that it will produce.
The arguments are so familiar, in fact, that one wonders why we haven’t come up with a permitting and approval process that accounts for them. In total, the $1 billion NewRange project required more than 20 state and federal permits to move forward, all of which were secured by 2019. But since then, a number have been revoked or remanded back to the permit-issuing agencies. Just last year, for instance, the Army Corps of Engineers rescinded NewRange’s wetlands permit on the recommendation of the Environmental Protection Agency.
The messy history of this mine displays the difficult decisions the U.S. faces when it comes to securing the critical minerals that are key to a clean energy future — and the ways in which our current regulatory and permitting infrastructure is ill-equipped to resolve these tensions.
All sides in this debate recognize that minerals like nickel and copper are vital to the energy transition. Nickel is an integral component in most lithium-ion EV battery chemistries, and copper is used across a whole swath of technologies — electric vehicles, solar panels, and wind turbines, to name a few.
“We recognize that you're going to need copper, nickel, and other minerals in order to have a functioning society and to make the clean energy transition that we're all interested in,” Aaron Klemz, Chief Strategy Officer at the Minnesota Center for Environmental Advocacy, told me. But along with a number of other environmental groups and the Fond du Lac band of the Minnesota Chippewa tribe, which lives downstream of the proposed mine, MCEA opposes the project. “You can’t not mine. We understand that. But you have to take it on a case-by-case basis.”
On the one hand, the Duluth Complex, where the NewRange mine would be sited, contains one of the world’s largest untapped deposits of copper, nickel and other key metals. However, the critical minerals in this water-rich environment are bound to sulfide ores that can release toxic sulfuric acid when exposed to water and air. The proposed mine sits in a watershed that would eventually flow into Lake Superior, a critical source of drinking water for the Upper Midwest.
Many advocacy groups believe water pollution from the mine is inevitable, especially given NewRange’s plans for its waste basin. The current proposal involves covering the waste products, known as tailings, with water and containing the resulting slurry will with a dam. That’s considered much riskier than draining water from the tailings and “dry stacking” them in a pile. NewRange’s upstream dam construction method is also a concern, as the wet tailings can erode the dam’s walls more easily than with other designs. An upstream dam collapsed in Brazil in 2019, leading the country to ban this type of construction altogether.
And lastly, there’s the narrow question of the NewRange dam’s bentonite clay liner. Late last year, an administrative law judge recommended that state regulators refrain from reissuing NewRange’s permit to mine on the grounds that this liner was not a “practical and workable” method of containing the tailings.
Christie Kearney, director of sustainability, environmental and regulatory affairs for NewRange Copper Nickel, called these criticisms “tired and worn talking points” in a follow-up email to me, and said that the concerns simply don’t hold water “after the most comprehensive and lengthy environmental review and permitting process in Minnesota history.” The bentonite issue in particular, she told me, represents one of the main reasons permitting has been so challenging. “Instead of allowing agencies (who have the expertise) to make these decisions as established in Minnesota law, the regulatory decisions get challenged in court by mining opponents, leaving it to judges (who don’t have the technical expertise) to make these determinations,” she wrote.
The whole process could have gone more smoothly if all the stakeholders were involved from the beginning, she told me when we spoke. “In particular, we have a number of state permits that are overseen by the EPA, yet the EPA isn't involved until the very end, which has caused frustration both in our environmental review process as well as our permitting process.”
Klemz has another approach to ending the confusion. What is needed, he said, is a pathway to shut down projects once and for all if they’re deemed too environmentally hazardous. “There is no way to say no under the system we have now,” he told me. While courts can deny or revoke a permit, companies like NewRange can always go back to the drawing board and resubmit. “What we have instead is a system where the company has the incentive to keep on trying over and over and over again, despite whatever setback they encounter.”
While there’s no systematic way to block a mine, myriad avenues can lead to a “no.” Last year, the federal government placed a moratorium on mining on federal lands upstream of Minnesota’s Boundary Waters Canoe Wilderness Area, effectively shutting down another proposed copper-nickel mine. And the EPA banned the disposal of mine waste near Alaska’s proposed Pebble mine, blocking that project as well.
It’s a delicate balancing act, because ultimately the administration does want to incentivize domestic critical minerals production. The Inflation Reduction Act provides generous tax credits for companies involved in minerals processing, cathode materials production, and battery manufacturing. Then there’s the $7,500 credit available to consumers that purchase a qualifying EV, which depends on the automaker sourcing minerals from either the U.S. or a country the U.S. has a free-trade agreement with.
Under the current interpretation of the IRA, it’s possible that none of this money would flow directly to NewRange, since mineral extraction isn’t eligible for a tax credit, and it’s yet unclear whether the company will process the metals to a high enough grade to be eligible for credits there, either. Automakers that source from NewRange could benefit, but the project doesn’t currently have offtake agreements with any electric vehicle or clean energy company. That’s something that critics of the mine point to when NewRange touts its clean energy credentials.
“It's much more likely that this will end up in a string of Christmas lights than it will end up in a wind turbine in the United States,” Klemz told me. Of course, more critical minerals in the market overall will lower prices, thereby benefiting clean energy projects. But NewRange is a less neat proposition than, say, the proposed Talon Metals nickel mine, which is sited about two hours southwest of NewRange. As MIT Technology Review reports, this mine could unlock billions in federal subsidies through its offtake agreement with Tesla.
That hasn’t inoculated Talon from fierce local opposition, either. “As disinterested as the public may be in a lot of things, they are really engaged in a new mining project in their backyard,” said Adrian Gardner, Principal Nickel Markets Analyst at the energy and research consultancy Wood Mackenzie, which has been tracking both the Talon and NewRange mine since they were first proposed.
The Biden administration is also engaged. Two years ago, the Department of the Interior convened an interagency working group to make domestic minerals production more sustainable and efficient, starting with the Mining Law of 1872 — still the law of the land when it comes to new mining projects. The group released a report last September recommending, among other things, that the Bureau of Land Management and U.S. Forest Service provide standardized guidance to prospective developers and require meetings between all relevant agencies and potential developers before any applications are submitted. That means Congress will need to provide more resources to permitting agencies.
Those resources could come from a proposed royalty of between 4% and 8% on the net proceeds of minerals extracted from public lands, a fee that would also go to help communities most impacted by mining. The National Mining Association, of which NewRange is a member, has come out strongly against the report’s recommendations, highlighting the high royalties as a particular point of contention.
But many of the report’s proposals might have helped NewRange in its early days. “There were a lot of early missteps by the company,” Kearney admits. “The first draft [Environmental Impact Statement] that the company went through received a very poor reading from the EPA, and the company went back to its drawing board, changed out its leadership and its environmental leads.”
More stern rebukes, of course, would be the ideal for many advocacy groups. “I don't know how they could redesign it quite honestly, given what we know about the science, to comply with the law,” Klemz said.
Kearney is adamant, though, that even after five years of litigation, NewRange has no plans to give up the fight. “Not many companies can weather that,” Kearney said. Not many companies, however, are backed by mining giant Glencore. PolyMet, the project’s original developer, “really only survived because Glencore came in a few years back and invested over time until the point where they got 100% control,” Kearney told me.
Glencore, a $65 billion Swiss company, is pursuing the NewRange project in partnership with Teck Resources, which is worth $20 billion. The companies can afford to fight for a very long time, meaning nobody knows quite how or when this all ends.
“We do need this material. I get that,” Klemz told me. “So I don't really know if there's going to be some kind of neat future resolution to this.”
Kearney put it simply. “We don't have a timeline right now.”
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It’s known as the 50% rule, and Southwest Florida hates it.
After the storm, we rebuild. That’s the mantra repeated by residents, businesses and elected officials after any big storm. Hurricane Milton may have avoided the worst case scenario of a direct hit on the Tampa Bay area, but communities south of Tampa experienced heavy flooding just a couple weeks after being hit by Hurricane Helene.
While the damage is still being assessed in Sarasota County’s barrier islands, homes that require extensive renovations will almost certainly run up against what is known as the 50% rule — or, in Southwest Florida, the “dreaded 50% rule.”
In flood zone-situated communities eligible to receive insurance from the National Flood Insurance Program, any renovations to repair “substantial damage” — defined as repairs whose cost exceeds 50% of the value of the structure (not the land, which can often be quite valuable due to its proximity to the water) — must bring the entire structure “into compliance with current local floodplain management standards.” In practice, this typically means elevating the home above what FEMA defines as the area’s “base flood elevation,” which is the level that a “100-year-flood” would reach, plus some amount determined by the building code.
The rule almost invites conflict. Because just as much as local communities and homeowners want to restore things to the way they were, the federal government doesn’t want to insure structures that are simply going to get destroyed. On Siesta Key, where Milton made landfall, the base flood elevation ranges from 7 feet to 9 feet, meaning that elevating a home to comply with flood codes could be beyond the means — or at least the insurance payouts — of some homeowners.
“You got a 1952 house that’s 1,400 square feet, and you get 4 feet of water,” Jeff Brandes, a former state legislator and president of the Florida Policy Project, told me on Wednesday, explaining how the rule could have played out in Tampa. “That means new kitchens and new bathrooms, all new flooring and baseboards and drywall to 4 or 5 feet.” That kind of claim could easily run to $150,000, which might well surpass the FEMA threshold. “Now all of the sudden you get into the 50% rule that you have the entire house up to current code levels. But then you have to do another half-a-million above what [insurance] paid you.”
Simple probability calculations show that a 100-year flood (which is really a flood elevation that has a 1-in-100 chance of occurring every year) has a more than 25% chance of occurring during the lifetime of a mortgage. If you browse Siesta Key real estate on Zillow, much of it is given a 100% chance of flooding sometime over the course of a 30-year mortgage, according to data analysis by First Street.
Sarasota County as a whole has around 62,000 NFIP policies with some $16.6 billion in total coverage (although more than 80% percent of households have no flood insurance at all). Considering that flood insurance is required in high-risk areas for federally-backed mortgages and for new homeowners insurance policies written by Florida’s state backed property insurer of last resort, Citizens, FEMA is likely to take a close interest in whether communities affected by Milton and Helene are complying with its rules.
If 2022’s Hurricane Ian is any indication, squabbles over the 50% rule are almost certain to emerge — and soon.
Earlier this year, FEMA told Lee County, which includes Fort Myers and Cape Coral, that it was rescinding the discount its residents and a handful of towns within it receive on flood insurance because, the agency claimed, more than 600 homeowners had violated the 50% rule after Hurricane Ian. Following an outcry from local officials and congressional representatives, FEMA restored the discount.
In their efforts to avoid triggering the rule, homeowners are hardly rogue actors. Local governments often actively assist them.
FEMA had initiated a similar procedure in Lee County the year before, threatening to drop homeowners from the flood insurance program for using possibly inaccurate appraisals to avoid the 50% rule before eventually relenting. The Fort Myers News Press reported that the appraisals were provided by the county, which was deliberately “lowering the amount that residents could use to calculate their repairs or rebuilds” to avoid triggering the rule.
Less than a month after Ian swept through Southwest Florida, Cape Coral advised residents to delay and slow down repairs for the same reason, as the rule there applied to money spent on repairs over the course of a year. Some highly exposed coastal communities in Pinellas County have been adjusting their “lookback rules” — the period over which repairs are totaled to see if they hit the 50% rule — to make them shorter so homeowners are less likely to have to make the substantive repairs required.
This followed similar actions by local governments in Charlotte County. As the Punta Gordon Sun put it, “City Council members learned the federal regulation impacts its homeowners — and they decided to do something about it.” In the Sarasota County community of North Port, local officials scrapped a rule that added up repair costs over a five-year period to make it possible for homeowners to rebuild without triggering elevation requirements.
When the 50% rule “works,” it can lead to the communities most affected by big storms being fundamentally changed, both in terms of the structures that are built and who occupies them.The end result of the rebuilding following Helene and Milton — or the next big storm to hit Florida’s Gulf Coast — or the one after that, and so on — may be wealthier homeowners in more resilient homes essentially serving as a flood barrier for everyone else, and picking up more of the bill if the waters rise too high again.
Florida’s Gulf Coast has long been seen as a place where the middle class can afford beachfront property. Elected officials’ resistance to the FEMA rule only goes to show just how important keeping a lid on the cost of living — quite literally, the cost of legally inhabiting a structure — is to the voters and residents they represent.
Still, said Brandes, “There’s the right way to come out of this thing. The wrong way is to build exactly back what you built before.”
The trash mostly stays put, but the methane is another story.
In the coming days and weeks, as Floridians and others in storm-ravaged communities clean up from Hurricane Milton, trucks will carry all manner of storm-related detritus — chunks of buildings, fences, furniture, even cars — to the same place all their other waste goes: the local landfill. But what about the landfill itself? Does this gigantic trash pile take to the air and scatter Dorito bags and car parts alike around the surrounding region?
No, thankfully. As Richard Meyers, the director of land management services at the Solid Waste Authority of Palm Beach County, assured me, all landfill waste is covered with soil on “at least a weekly basis,” and certainly right before a hurricane, preventing the waste from being kicked up. “Aerodynamically, [the storm is] rolling over that covered waste. It’s not able to blow six inches of cover soil from the top of the waste.”
But just because a landfill won’t turn into a mass of airborne dirt and half-decomposed projectiles doesn’t mean there’s nothing to worry about. Because landfills — especially large ones — often contain more advanced infrastructure such as gas collection systems, which prevent methane from being vented into the atmosphere, and drainage systems, which collect contaminated liquid that’s pooled at the bottom of the waste pile and send it off for treatment. Meyers told me that getting these systems back online after a storm if they’ve been damaged is “the most critical part, from our standpoint.”
A flood-inundated gas collection system can mean more methane escaping into the air, and storm-damaged drainage pipes can lead to waste liquids leaking into the ground and potentially polluting water sources. The latter was a major concern in Puerto Rico after Hurricane Maria destroyed a landfill’s waste liquid collection system in the Municipality of Juncos in 2017.
As for methane, calculating exactly how much could be released as a result of a dysfunctional landfill gas collection system requires accounting for myriad factors such as the composition of the waste and the climate that it’s in, but the back of the envelope calculations don’t look promising. The Southeast County Landfill near Tampa, for instance, emitted about 100,000 metric tons of CO2 equivalent in 2022, according to the Environmental Protection Agency (although a Harvard engineering study from earlier this year suggests that this may be a significant underestimate). The EPA estimates that gas collection systems are about 75% effective, which means that the landfill generates a total of about 400,000 metric tons of CO2-worth of methane. If Southeast County Landfill’s gas collection system were to go down completely for even a day, that would mean extra methane emissions of roughly 822 metric tons of CO2 equivalent. That difference amounts to the daily emissions of more than 65,000 cars.
That’s a lot of math. But the takeaway is: Big landfills in the pathway of a destructive storm could end up spewing a lot of methane into the atmosphere. And keep in mind that these numbers are just for one hypothetical landfill with a gas collection system that goes down for one day. The emissions numbers, you can imagine, start to look much worse if you consider the possibility that floodwaters could impede access to infrastructure for even longer.
So stay strong out there, landfills of Florida. You may not be the star of this show, but you’ve got our attention.
On the storm’s destruction, wildlife populations, and shipping emissions
Current conditions: Large parts of Pennsylvania are under a frost advisory today and tomorrow • The remnants of Hurricane Kirk killed at least one person in France • A severe solar storm is expected to hit Earth today.
Hurricane Milton is headed out to the Atlantic after raking across Florida overnight, and as the sun comes up, residents are assessing the damage left in its wake. Milton made landfall near Sarasota as a Category 3 storm, bringing heavy rainfall, dangerous winds, and flooding. St. Petersburg reported 16 inches of rain, which meteorologists say is a 1-in-1,000-year event. The storm also triggered more than 130 tornado warnings, possibly a new record. The Tropicana Field Stadium in Tampa sustained significant damage. While deaths have been reported, it’s not yet clear how many. More than 3 million people are without power.
Before the storm hit, the Florida Department of Financial Services issued a rule that requires insurance claims adjusters to provide an explanation for any changes they make to a claimant’s loss estimate, The Washington Postreported, calling the move “a groundbreaking win for policyholders.”
The World Wide Fund for Nature published its 2024 Living Planet Report yesterday, which tracks nearly 5,500 species of amphibians, birds, fish, mammals and reptiles all over the world. It found that wildlife populations plummeted by about 73% between 1970 and 2020, as illustrated in this rather bleak but very effective chart:
WWF
Latin America, which is home to some of the most biodiverse regions in the world, saw the worst losses, at 95%. Freshwater species experienced the greatest decline at 85%. There are some success stories, such as a 3% increase in the mountain gorilla population, and the incredible comeback of the European Bison, but generally the report is pretty heartbreaking. It underscores the interconnected nature of the climate crisis and nature destruction. “It really does indicate to us that the fabric of nature is unraveling,” said Rebecca Shaw, WWF’s chief scientist. The report comes days ahead of the start of the UN COP16 biodiversity summit in Colombia, where delegates will discuss concrete ways to stop biodiversity loss.
More than 100 CEOs from some of the world’s biggest corporations have published a letter urging governments and the private sector to boost efforts to keep Paris Agreement goals alive. The letter, signed by the heads of companies including Ikea, AstraZeneca, A.P. Moller-Maersk, Bain & Company, Iberdrola, Orsted, and Volvo Cars, calls for governments to:
The head of the International Maritime Organization this week called on the shipping industry to do more to cut emissions from the sector. Shipping accounts for about 3% of global greenhouse gas emissions. The IMO recently set a new industry-wide target of a 20% emissions reduction by 2030, and net-zero by 2050. But the IMO’s Arsenio Dominguez said there is more to be done to hit these goals. That includes “low hanging fruit” like reducing ship speed, charting routes according to the weather, and cleaning the hulls of ships to reduce friction, The Associated Pressreported. But in the long-term, he said, the industry will need to switch to cleaner fuels, which have yet to scale.
Long-duration energy storage startup Form Energy, closed a $405 million Series F funding round this week, bringing its total funding to more than $1.2 billion. Form uses a novel method for storing energy, combining iron and oxygen to make rust, a process that the company claims can be used to store and discharge up to 100 hours of battery power. As renewable energy production ramps up, new ways of storing variable energy from wind and solar is essential, and Form’s latest fundraising underscores this need. Canary Mediareported that Form’s technology isn’t proven at utility scale yet but the company is working on commercial deployments and broke ground on a project in August to provide energy to a utility in Minnesota.
Some dragonfly species have evolved to have darker wing spots as a breeding advantage. A new study finds these dragonflies have also evolved to be able to withstand higher temperatures.
Noah Leith