You’re out of free articles.
This Halloween, get 20% off using code ADVANCED
Log in
To continue reading, log in to your account.
Create a Free Account
To unlock more free articles, please create a free account.
Sign In or Create an Account.
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Welcome to Heatmap
Thank you for registering with Heatmap. Climate change is one of the greatest challenges of our lives, a force reshaping our economy, our politics, and our culture. We hope to be your trusted, friendly, and insightful guide to that transformation. Please enjoy your free articles. You can check your profile here .
subscribe to get Unlimited access
Offer for a Heatmap News Unlimited Access subscription; please note that your subscription will renew automatically unless you cancel prior to renewal. Cancellation takes effect at the end of your current billing period. We will let you know in advance of any price changes. Taxes may apply. Offer terms are subject to change.
Subscribe to get unlimited Access
Hey, you are out of free articles but you are only a few clicks away from full access. Subscribe below and take advantage of our introductory offer.
subscribe to get Unlimited access
Offer for a Heatmap News Unlimited Access subscription; please note that your subscription will renew automatically unless you cancel prior to renewal. Cancellation takes effect at the end of your current billing period. We will let you know in advance of any price changes. Taxes may apply. Offer terms are subject to change.
Create Your Account
Please Enter Your Password
Forgot your password?
Please enter the email address you use for your account so we can send you a link to reset your password:
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 But since then, a number have been revoked or remanded back to the permit-issuing agencies.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.”
This Halloween, get 20% off using code ADVANCED
Log in
To continue reading, log in to your account.
Create a Free Account
To unlock more free articles, please create a free account.
A conversation with the Guardrails Alliance’s Shaunna Thomas.
This week’s Q&A is with Shaunna Thomas of the Democrat-allied super PAC Guardrails Alliance, which describes itself as “not anti-technology” but supportive of AI “rules, accountability, and a government that actually represents the public.” Part of that AI accountability they’re calling for is on data centers.
After the midterms, Guardrails Alliance sent a memorandum to all House and Senate Democratic offices arguing for AI and data center accountability to be a key part of their message and plans heading into the new Congress. Described as a “playbook for how to understand and channel anxieties about AI and data centers,” the document laid out “key narratives” that they said voters who care about these issues want to see reflected and echoed by their politics. They said the push against data centers could help Democrats build more lasting political power.
I reached out and asked if Thomas could explain further what all of this means to my readers. She kindly obliged.
The following conversation was lightly edited for clarity.
Let’s start with the elections. What were your takeaways when it came to what voters want to see on data centers?
I think the elections were a rebuke of the status quo on a number of fronts. We saw across the board that people are frustrated with what amounts to legalized corruption and the forcing without consent of new technology, and new infrastructure to support a technology that they didn’t ask for in ways that are harmful to their lives and the country.
What we saw in polling is that the data center backlash is one of the most bipartisan political issues of our time, driven by everything from noise pollution to rate hikes to Big Tech trying to steamroll state and local governments. Americans are sick and tired of the AI industry trying to control our lives by building data centers in our communities, which goes along with trying to control our data and who represents us in government. The AI industry was also trying to spend a lot on elections trying to control the outcome.
When we dig deeper on all that, it’s not just about elections. They’re seeing this unholy alliance between Big Tech and the Trump administration.
In the post-election analysis laid out in that memo, you explain these key narratives that you think Democrats should pick up against the tech sector. Can you explain how you developed these?
What we dug into during the primaries and the lead-up to the general election was questions in focus groups and polling with Republicans and Democrats about what was behind the frustration. Is this just about buildings they don’t want in their backyard or is this connected to AI and bigger picture concerns over who makes choices? About control? The data centers people were most opposed to were data centers specifically for AI, which was a really important indicator it was both/and.
We then started to talk to voters in Ohio and Iowa and Michigan about what they’d want to see in terms of changes, in terms of new leadership, how they would want to see this framed. What was appealing? We tested a number of frames and these key narratives are a compilation of that data. So for example, a key narrative says, The AI oligarchs and their political allies are wildly out of step with a supermajority of the public. There’s also sample messaging under it in the memo. And it’s a reflection of the sentiment and the tone and the language a lot of people used when they got into robust conversations about what they’re really concerned about or what they want to see their leaders doing differently.
Can you say more about these focus groups? And can you say more about what you saw in terms of bipartisan shared concern around not just data centers but these messages you’re bringing up?
I can tell you about some of the key findings of the focus groups we did in Michigan and Ohio and Iowa in August and September. People are generally open to the idea AI can have some benefit to their lives, and they’re open to using it personally. But everyone we talked to expressed some concern about the pace it was being developed. You can see technology having value but also see there’s no regulation in place or guardrails around the technology itself.
Most people we spoke to expressed concerns about how the technology has been affecting society and the environment — that came up a lot in data center conversations. People are also concerned about the role chatbots could have in their children’s lives, and that AI could replace teachers.
It’s also a lot of concern about and a lack of confidence in either government regulators or AI companies to properly regulate the technology. You saw more support for regulators at the state level and people deeply opposed to federal pre-emption, because they see more evidence of democracy working at the state level as opposed to the federal level.
People express mixed reviews about the specific policy solutions. What we’re seeing is people see AI as a vehicle for a small handful to amass more wealth and power. I don’t think we have had enough of a robust debate about how you deal with that problem.
So, on that point in particular, I want to drill down. What do we know about what voters want to see? What does accountability or guardrails look like to them?
First of all, there’s blanket support for federal regulations in general to deal with the way the technology is developed and deployed. We see a lot of clarity from voters about the fact they may not have a lot of confidence the federal government will step in. They want to see it.
When it comes to the economy, where there’s still broad public support is taxing billionaires and CEOs of these companies and raising the minimum wage and raising the social safety net. People’s interest in seeing that move forward has been growing in intensity.
On AI specifically, people don’t want to have a conversation about distribution of wealth without a conversation about distribution of power. They don’t want to be bribed to accept the acceleration of AI in their lives. They want to know that the power of those companies to do what they’re doing is going to be significantly limited and safety guardrails are put in place to keep us all safe from what the new technology is capable of.
I think once the safety conversation is step one. Step two is the conversation about how you distribute wealth from a technology built on other people’s labor and intellectual property.
On the concern about bribes, we’ve been reporting on Trump’s call for cash payments to communities to accept data centers. Are you telling me proposals like that might not be a good political strategy?
It was precisely because Trump was talking about it that we heard it brought up in focus groups, and how it was described was that voters may get some short term incentive to accept a technology they don’t trust is designed to help them fundamentally. They believe it is being deployed to more deeply consolidate power and wealth. And they don’t want that. When the president or a big AI company says they agree with it, it’ll have an impact on how the idea is perceived.
It has to also be coupled with a set of policies that are putting democratic governance over the technology itself before its deployment. People want to see technology isn’t going to continue to advance without guardrails.
Distinct from Trump’s data center dividend, some policymakers have suggested a “data dividend” — a distribution of wealth from the usage of AI products because they’re using people’s data. That’s more of what we’re talking about.
What do we know about what the public wants to see regarding data centers?
It’s important we recognize local leaders have had demands driven by their local communities. But as a structural matter, the public sees slowing down data centers as a mechanism for slowing down the project of AI generally. It remains an open question about how you do that.
There are federal policymakers working on a set of solutions that could create more space for people at the local level to be in the driver’s seat on when, how, or if data centers get built. I think we’ll see more proposals on that front.
So where do you think this conversation goes next?
I would expect the public to continue to make demands from policymakers and I would expect the Big Tech sector to continue down the path they’re going, which is, we were always Democrats and pro-regulation all the time. This will look like policies resembling always being okay with regulation but actually avoid putting checks on their power. And that’ll mean the public has even more at stake and the government has an even bigger obligation to make sure AI is deployed for public benefit as opposed to for the profits of a few companies and CEOs.
Plus more of the week’s biggest development fights.
1. New York City — We have a new must-watch offshore wind lawsuit with potential implications for the entire sector — and this time, it’s from lobstermen seeking damages.
2. Hinds County, Mississippi — The largest proposed solar farm in Mississippi is moving forward after an appeals court rejected arguments from aggrieved local residents that it had been improperly approved.
3. Dakota County, Minnesota — I’m scrutinizing a lawsuit against a data center developer centering on allegedly improper permitting of its cooling technology.
4. Polk County, Florida — Will the Sunshine State remain a challenging place for data centers after Ron DeSantis? A test case could reveal the future quite quickly.
Trump’s “data center dividend” appears to have backfired. Our latest poll results help explain why.
This year’s midterm elections called into question the efficacy of a push to pay local residents directly in exchange for building data centers.
Before the elections, I profiled the campaign for politicians to embrace the data center “dividend,” a policy idea modeled off Alaska’s Permanent Fund, which doles out checks to residents from profits off state oil, gas and mineral royalties. The Bitcoin Policy Institute, a tech policy think tank, was one of the first to trumpet the concept, but it was quickly taken up by President Donald Trump, who started raising it in speeches and on social media. “If companies want to make their Data Centers popular, pay the community, and/or individuals within the community, a ‘dividend,’” Trump posted to Truth Social on October 21.
Clearly the idea didn’t stop the bleeding. Democrats trounced Trump’s party in the midterms on a message that was heavy on attacks against data centers. But that still doesn’t explain why direct payments did so little to move the American public.
A Heatmap Pro poll conducted in early-to-mid October, right before the midterm elections, gives us an answer. As part of a broader survey of 2,500 registered voters, we asked about the idea — what we believe to be the first independent poll on direct payments for data centers by a news organization. We asked respondents whether there was a specific dollar amount they’d accept as a one-time cash payment in exchange for a data center being built near them. We also gave them the option to say no amount of money was sufficient.
Shockingly, a majority of people surveyed said they’d reject the data center cash payment in any amount. Among those who said they’d actually take the money, the median figure was around $10,000. The average was a whopping $146,000, skewed by the number of people who wrote $999,999, the maximum allowed by the survey.
This tracks what we’re seeing play out in communities where developers have tried this idea. In Hazle Township, Pennsylvania, NorthPoint — developer of an Amazon-linked data center project — proposed $10,000 cash payments to residents, no catch. Residents compared it to a bribe. In De Soto, Kansas, data center developer Digital Realty is offering annual $1,000 tax credits for a decade to neighbors of its proposed data center project. That proposal has been reportedly met with mixed reviews, too.
Clearly one of the problems here is that data centers not only face public perception issues around their local impacts, but are also more broadly associated with systemic inequality in the U.S. economy. The same Heatmap Pro survey found that a majority of voters believed AI companies have more control over the government than the oil and gas industry, pharmaceutical companies, banks, or other large industries.
Shaunna Thomas, executive director of Democratic-allied super PAC Guardrails Alliance, told me that during the campaign season they found that residents often associated the dividends with bribes, and that the president’s support for direct payments ultimately fed into voter sentiments about the tech sector controlling the government and society.
“People don’t want to have a conversation about distribution of wealth disconnected from a conversation about distribution of power,” Thomas said. “Specifically because Trump was saying that, we started hearing from voters in focus groups that it didn’t work for them. They’re hearing it as a bribe. They’re hearing they may get some sort of short-term economic or financial incentive to accept a technology they don’t trust is designed to help them.”
The Heatmap Pro survey results about cash payments ultimately reveal how emotionally driven the data center debate has become, said Sam Lyman of the Bitcoin Policy Institute. I asked Lyman to respond to the results because I thought they called into question the political effectiveness of the proposal we’d discussed months earlier. Lyman stipulated that he thinks the one-time payment nature of the question may have undermined the results, saying he prefers the dividends be paid out “in perpetuity.” But he acknowledged they also show “there’s still a lot of education to be done on data centers, what they do, and the impacts they have on the places where they’re built.”
“I think there’s a lot of Americans out there who have legitimate concerns that the future economy doesn’t include them. That’s something that needs to be addressed,” said Lyman, who said he laid part of the blame on what he called “irresponsible rhetoric” from AI industry executives about their technology’s impacts on society. “With data center dividends, the idea behind this policy is to help Americans understand the AI economy includes them. To give them a very material stake in that economy as it gets built out, especially in the rural communities that make data centers possible in the first place.”