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Are these minerals even economically viable?

President Donald Trump is going to be talking rocks with his Ukrainian counterpart Volodymyr Zelenskyy during their Friday meeting in Washington, D.C., where they will sign a “very big agreement,” Trump said Wednesday.
As the Trump administration has ramped up talks to end the war in Ukraine, shift America’s strategic priorities away from Europe, and build a new relationship with Russia, it has also become intensely interested in Ukraine’s supposed mineral wealth, with Ukrainian and American negotiators working on a deal to create an investment fund for the country’s reconstruction that would be partially funded by developing the country’s mineral resources.
But exactly what minerals are in Ukraine and if they’re economically viable to extract is a matter of contention.
So-called critical minerals and rare earths have a way of finding themselves in geopolitical hotspots. This is because they’re not particularly rare, but the immense capital required to cost effectively find them, mine them, and process them is.
“A lot of countries have natural resources. We don’t mine everything that exists underground. We look for projects that are economically competitive,” Gracelin Baskaran, director of the critical minerals security program at the Center for Strategic and International Studies, told me.
Baskaran pointed out, it was precisely Russia’s full-scale invasion of Ukraine that kicked the United States’ interest in building up supplies of critical minerals and rare earths outside of China — which dominates the industry — into overdrive.
“It was a fortuitous moment in that way for Ukraine’s resources, because they weren’t necessarily being mined before,” she said.
And Ukraine has done its best to promote and take advantage of its mineral resources, even if there’s some ambiguity about what exactly they are, and if they can be profitably extracted at scale.
While often conflated, critical minerals and rare earths are distinct. The so-called “rare earths” are 17 similar elements, which the U.S. Geological Survey explicitly says are “relatively abundant,” like scandium and yttrium. Critical minerals are a more amorphous group, with the USGS listing out 50 (including the rare earths) as well as commonly known minerals like titanium, nickel, lithium, tin, and graphite, with uses in batteries, alloys, semiconductors, and other high value energy, defense, and technology applications.
When countries are desperate for outside assistance or their patrons are desperate to see some return on their “investments” in military and foreign aid, as Bloomberg’s Javier Blas has pointed out, the minerals tend to show up — just look at the “$1 trillion in untapped mineral deposits” the United States identified in Afghanistan in 2010. Ten years later when the USGS looked at Afghanistan’s mineral industries, the rare earths remained untapped and instead the country was largely exporting talc and crushed marble to its neighbors.
Ukrainians have been eager to show there are economically viable and valuable minerals in the country, including a claim by one Ukrainian official in early 2022 that “about 5% of all the world’s ‘critical raw materials’ are located in Ukraine,” while a pair of Ukrainian researchers claimed there was 500,000 tons of unmined lithium oxide resources. More recently the country has claimed to have rare earths, and that President Trump has taken a special interest in.
Many industry experts doubt there’s any significant reserves of rare earths in the country, with the exception of scandium, which is used in aluminum alloys and fuel cells. Ukraine does have a significant mining industry and has produced substantial amounts of iron ore and manganese, along with reserves of graphite, titanium, cobalt, and uranium, many of which are those so-called “critical minerals” with uses for energy and defense.
“There do not appear to be hardly any economically viable rare earths in the country – that was largely a misuse of a term someone heard,” Morgan Bazillian, director of the Payne Institute and a public policy professor at the Colorado School of Mines, told me in an email.
Blas has documented a game of telephone whereby rare earths and critical minerals are conflated to make it seem like the former exists in abundance underneath Ukraine. Despite the doubts, President Trump said on Wednesday during his cabinet meeting “we’ll be really partnering with Ukraine, [in] terms of rare earth. We very much need rare earth. They have great rare earth.”
While there’s disagreement about exactly what Ukraine has to offer in terms of minerals, the interest in building up supplies of minerals is part and parcel of what is now a bipartisan priority to build up supplies and the ability to process and refine minerals used for a variety of defense, industrial, and energy applications.
To the extent the United States is able to jumpstart any new mineral operations in postwar Ukraine, it would require first repairing the country’s greatly damaged infrastructure, which has been wrecked by the very conflict that has spiked interest in the country’s mineral sector.
“Their infrastructure is decimated. Rebuilding it will be the priority, getting industry moving again will take time – including from basic services like electricity,” Bazillian told me.
And after that, much basic work needs to be done before any mining can happen, like an updated geological survey of the country, which hasn’t been done since the country was part of the Soviet Union. And all that’s before starting the process for opening a mine, something that on average takes 18 years to do.
“You need to have a geological mapping. You need to identify investors who want to go in. You need to build infrastructure,” Baskaran said.
“Ukraine has undeveloped or untapped potential that could be utilized. And the question is whether that untapped potential is economically viable, and we don’t know yet.”
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A new front opens in the data center wars.
A series of lawsuits filed in federal court asks a big question – are data center moratoria constitutional?
In early August, data center developer DC Blox sued the city of Nashville in federal court to overturn a zoning moratorium stopping them from building a hyperscale facility adjacent to the city zoo. “The Data Center Moratorium, moreover, is a targeted attack against DC BLOX, in violation of federal constitutional protections,” the suit argued, claiming that it defied the corporation’s due process and equal protection rights.
Around the same time, another developer – Wixom Industrial One – filed a federal lawsuit against the city of Wixom, Michigan, to try and “invalidate the city’s illegal police power moratorium” blocking their data center.
These two cases were far from novel or the first of their kind, and they’re now a fresh front in the battle over hyperscale data centers. At least that’s what some who work on these cases say: In April, attorneys with the law firm Vorys published a “client alert” asserting “many moratoria may be vulnerable to statutory, procedural, and constitutional challenges.” The attorneys advised that constitutional arguments against moratoria “may be stronger where a government singles out data centers without a sound factual basis, treats similar land uses differently without a reasonable basis, or adopts a restriction driven more by political pressure than by defensible planning or regulatory objectives.”
Months later, according to court documents, the Vorys attorneys who authored the alert now represent real estate firm Thor Equities in a federal case against the Ohio city of Urbana, arguing the city’s decision to reject their data center project broke “fundamental protections” under the U.S. Constitution. (Vorys and Thor Equities did not respond to requests for comment.)
It’s unclear how many of these kinds of cases have been filed to date. Data on federal court cases is quite opaque. But legal experts and industry attorneys tell me we should expect them to be on the rise as developers seek whatever tools they can find to get projects built.
“Bringing a lawsuit like this is fairly cheap, something they can do at a relatively low cost, and imposes a real cost on local governments to defend themselves,” said Daniel Metzger, director of the Cities Climate Law Initiative at Columbia Law School’s Sabin Center. “The cases out there will be bellwethers. And if successful, there’ll be a lot more of them.”
What developers probably want looks a lot like Hill County, Texas, where an LLC proposing an $80 million data center project was stymied in May by the state’s first countywide moratorium. (It predated Governor Greg Abbott’s temporary freeze of data center development in Texas by three months.) Within a period of only a few weeks, the LLC sued and the county rescinded the pause on approvals. The case was dropped a month later. Local reports state the county had to afterwards pay the corporation $100,000 in legal fees – a drop in the bucket compared to what a drawn-out court battle would have cost the rural county.
Metzger said whether the companies will win these cases is ultimately not the point – their goal is to win a finished data center, not a judicial ruling. By filing expansive litigation in the national court system, a hypothetical developer can exhaust the coffers of a city or county with legal expenses that are chump change compared to would-be billions in private financing for compute infrastructure.
“These lawsuits may deter some local governments from taking steps to oppose data center development, just because of the cost it would impose on them to defend a lawsuit, even if they know they have a strong legal basis for the action they want to take.”
Those I spoke to in private practice about data center developers’ constitutional arguments agreed with Metzger’s assessment that it’s too early to tell whether the companies will win. Generally, they said, a city or county will win this kind of case if it demonstrates a rational basis for its decision-making and courts typically want to defer to governmental autonomy. The onus will be on the developers to prove a moratorium was meritless – that’s the due process challenge – or unfairly targeted their industry in a way other sectors don’t face, which is the basis of the equal protection claim.
“What they’re saying is in essence that these actions the municipality is taking are arbitrary and capricious, which is one of the sort of catch-all standards,” Thomas Allen, a partner at K&L Gates, told me. “They say the laws lack a rational basis. And then they make equal protection claims, saying data centers are being singled out because of political concerns as opposed to actual things relevant to the legislature’s directive. They’re not basing their decisions on the underlying merits of the project but reacting to political pressure.”
“It’s a reliance question and it’s about the treatment of their projects,” added Laura Morton, an attorney with Ashurst Perkins Coie. “It’s always been important to talk about and engage with communities where your infrastructure is planned. Here, I think this is the developers going in, maybe having conversations, and then suddenly they’re getting a reversal after already receiving these approvals and making investments based off of what the conversations and rules were.”
The likelihood of these constitutional challenges reaching higher courts anytime soon is quite low. It’ll be a long time before we see one of these cases reach a verdict, let alone some kind of appeals process come to fruition. Nevertheless, the new legal ambiguity around these local restrictions is an important new facet of the data center wars, including for developers.
“Companies want to act within the law to get [things] done, so whatever tactics they can do to help get the project over the line that are legal and ethical, they may try those,” Allen told me. “And if that includes the pressure of a lawsuit, that’s a judgment they’ll have to make.”
And more on this week’s conflicts around project development.
1. Montgomery County, Pennsylvania – We reached a new normal in the data center backlash, and it all seems to have started in King of Prussia.
2. Columbia County, Wisconsin – The gubernatorial race in this state is transforming local fights over wind projects into must-watch popcorn fodder for anyone obsessed with the state of the energy transition, or national politics for that matter.
3. Shelby County, Alabama – One quick update on the intervention of John Rich, the country star turned Trump’s “special envoy for American landowners,” in an Alabama Power transmission project: it’s getting a lot more elected officials involved.
4. New Jersey – We try to conclude every Hotspots on a positive note. So this week’s silver lining comes to you from the Garden State, where state regulators have approved more than a dozen agrivoltaics projects.
A conversation with Ella Nilsen — formerly of CNN, now with Echo Communications — about where we stand in the fight over the energy transition.
This week’s conversation is with Ella Nilsen, who recently left CNN as a climate reporter and is now a new vice president at energy and cleantech PR firm Echo Communications. Having worked on Capitol Hill alongside Nilsen, I knew her to be an exceptional reporter who asked hard questions of those in power on all sides. So when I found out she was taking her journalism hat off and putting the comms cap on, I wanted to do something you rarely get to do with one of your reporting peers: ask for her own opinion about where we stand in the fight over the energy transition.
Our chat was lightly edited for clarity.
What’s it like going from CNN and climate journalism to advising on communications in the energy sector, especially when it comes to clean tech in this fraught moment?
So before I covered climate and clean energy, I was a political reporter who covered campaign cycles and Capitol Hill for a while, and I was always interested in the nexus of politics and politics. I tried to make as much of my coverage about that. Politics is policy, and the other way around.
Being on the other side of it is, well, I know from my experience as a reporter what interests them. I’m trying to figure out ways to make sure when I’m bugging you all that the pitch lands, because hopefully it’ll be something people are interested in. Things are changing so fast. It’s a really fascinating time to be a reporter and be in the clean energy comms space.
Okay, but now that you’re in clean energy comms, how do you handicap the fight over developing these technologies? Who is winning, who is losing, and why?
I think it’s tough to call exact winners and losers right now because over the last few months, there have been so many new and interesting developments.
Look at the Invest in Tomorrow Coalition, which has been getting involved in Republican primaries for Freedom Caucus members. There’s been this perception for a long time that the clean energy industry didn’t fare well in the One Big Beautiful Bill Act fight. They had important wins while losing pretty key stuff. But there’s been this interesting reckoning within the industry, and even this last summer, where people are moving the ball forward in interesting ways. They’re trying to get involved in political fights with direct results.
What messages do these primaries send? On the one hand I can see there being political consequences but also, now, more solar energy money going into Republican politics has the anti-renewable folks saying they need to go harder at them. I’m curious how you see the energy fight landscape changing in light of these election results.
I think it shows the industry has some fight in it. What the Coalition would probably say is, they want to be lethal and this is political warfare. They’re trying to be taken seriously.
There is sort of this two-pronged strategy happening right now. Obviously Invest in Tomorrow has gotten a lot of press attention for their track record. There’s also within the industry an attempt to shape a public narrative around wind, solar, battery storage to combat misinformation, both through conventional media and social media. They’re happening in tandem and it's a reflection of the results.
How is the backlash over data center development affecting the work you’re now doing?
Well, I’m still early, but I think the data center question is a fascinating one. Conversations around policy and where we go from here really seem to me to be happening in the state realm. Not a lot of policy happening at the federal level. There’s New York State’s data center pause, which is leading to lawmakers trying to get more leverage.
It’s in the backdrop, where projects are being announced with massive power plants to supply new data center demand, and at the same time there’s a conversation around virtual power plants, DERs. Another phrase emerging for it is “community power.”
It’s starting to be a fascinating conversation around community benefits. There are tax benefits when a data center comes to town but when it comes to energy use, what can communities actually leverage out of this? I know former Energy Secretary Jennifer Granholm has been arguing for strong community benefit agreements, getting big tech companies to pay for solar and EVs and then using all of that to create a virtual power plant. Getting that to be flexible for data centers. That’s only one part of the pie but it’s fascinating to have this conversation about what forms of energy we need for all this demand happening.
What do you foresee about the impact of the backlash, given that land use, visuals, air, and water – its all being swept up in the same conversation?
I don’t have a crystal ball and have the same questions.
It’s all happening so quickly and it’s all playing out in so many different states. There are really important questions here and there are people smarter than I am on this, talking about how we meet this demand in the short term and long term or whether this is an opportunity for getting clean energy onto the grid. But it’s a delicate dance.