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Party orthodoxy is no longer serving the energy transition, the Breakthrough Institute’s Seaver Wang and Peter Cook write.

President Trump has announced a dizzying array of executive branch led critical mineral policies since taking office again last year. While bombastically branded as new achievements, many elements from critical mineral tariffs to strategic stockpiling to Defense Production Act financing trace back to bipartisan recommendations and programs spanning the past several administrations.
Many Democrats in Congress, however, are stuck on the defensive. During a recent House Natural Resources hearing, for instance, Washington Representative Yassamin Ansari singled out the SECURE Minerals Act, a bipartisan proposal for a strategic minerals reserve, as “a framework ripe for fraud, corruption, and abuse.” Yet the draft bill actually contains strong safeguards: Senate confirmation of board members, annual independent audits, public tracking and annual reporting to Congress, conflict-of-interest prohibitions, and more.
In another House oversight hearing considering the reauthorization of the Export-Import Bank, California’s Maxine Waters expressed concern over President Trump’s mere contact with mineral producing countries in Africa, asking simply, “What is he doing?” The President of EXIM responded by reminding Waters of the bank’s charter to engage in sub-Saharan Africa.
In both cases, distrust of the administration and Republican lawmakers seems to have blinded Democrats to a larger strategic goal: building a secure critical mineral supply chain. Democrats who want to strengthen U.S. economic competitiveness and cultivate domestic clean technology sectors cannot afford to engage in partisan posturing at the expense of real policymaking. Nor can they afford to waste time — America’s vulnerabilities loom too large to wait until Trump leaves the White House.
Doing so will require Democrats to embrace certain positions that are at odds with recent party orthodoxy. First, they must accept the basic math that both the U.S. and the world will need new mine production and support incentives and regulatory reform for new critical minerals projects, not just recycling, re-mining, and substitution. And second, they must admit that mining projects in the U.S. and in democratically-governed partner countries offer a far better foundation for achieving high environmental and social standards than the currently dominant production routes for many raw materials today.
A recent hearing question from Texas Representative Christian Menefee hints at the risks of overly narrow minerals policy: “Should byproduct recovery be the first priority before we open up a single new mine?" While advocacy organizations and academic researchers have lately argued that operating mines dig up enough minerals to meet U.S. needs yet are currently neglecting to recover them, such analyses only consider the theoretical potential of extracting every element present in mined rock, not technical feasibility. Feasible recovery will be the exception, not the rule. Efforts to produce lithium as a byproduct from a copper-gold deposit might confront concentrations of under 20 parts per million, relative to concentrations at U.S. lithium mines currently under development that range from around 850 to 2,000 parts per million. Compared to cobalt concentrations of 2,400 parts per million at the Jervois Idaho Cobalt mine, Alaska’s large Red Dog zinc mine might boast 39 to 149 parts per million. For many elements, recovery would require new, first-of-a-kind extraction equipment consuming added water, energy, and chemical reagents — akin to burning a barn to fry an egg.
Recycling, too, is a meaningful category of solutions but ultimately limited. For instance, improved batteries and solar panels with longer service lives delay the point at which significant flows of materials become available for recycling. An increasing number of batteries and solar modules may also be redirected towards second-life use markets — electric vehicle batteries repurposed as electric grid storage assets, for example — diverting even more materials from recycling facilities.
To put such constraints into numbers, growing grid storage battery cell manufacturing capacity in the U.S. may surpass 96 gigawatt-hours by the end of this year, requiring over 17,000 tons of lithium content — alone equivalent to half of all worldwide lithium consumption in 2015. China’s tightening of rare earth export restrictions last year forced one of Ford’s auto plants to pause operations, and the shift to electric vehicles will only drive U.S. rare earths demand higher. The U.S. alone produced around 1 million EVs last year, relative to total auto manufacturing of 12 million to 14 million vehicles per year.
Even modest domestic manufacturing goals of 10 gigawatts of wind turbines and 2 million electric vehicles per year would require at least 100 tons of dysprosium and praseodymium, heavy rare earth elements that the U.S. is only just beginning to produce from recycling efforts and its sole operating mine. Globally, the International Energy Agency estimates that successful recycling expansion could avert around 5% to 30% of new mining activity, depending on the commodity.
The math is unforgiving. We need more minerals, and we need them soon.
For years, progressives have critiqued current U.S. mining regulations as antiquated and inadequate, insisting that standards governing existing mines expose marginalized communities to unacceptable impacts. While understandably reflecting past harms inflicted by mining prior to the enactment of stronger laws and regulations in the 1970s and 1980s, such a position exposes lawmakers to an uncomfortable contradiction: If modern mining and refining are structurally problematic industries, then not only must U.S. lawmakers advocate for improved industry standards domestically, logic dictates that they also use trade policies and international frameworks to penalize the unjust economic advantages benefiting irresponsible producers globally. The sum total of such actions might well slow the country’s transition to clean energy as opposed to speeding it.
Activist narratives that U.S. mining regulations offer the mining industry a smash-and-grab free-for-all obviously conflict with the reality that domestic mining has long been viewed as borderline uninvestible, with the U.S. seeing a 70% decrease in the number of active metal mines over the last 40 years. Insisting that more public engagement, extracting higher royalties to fund community projects, and quartering off certain areas with mineral potential for conservation will speed U.S. mining projects by neutralizing community opposition must consider how such high-cost projects can survive in a global market. China produces 10 times more graphite, rare earths, and polysilicon than the next largest producing country — and not by excelling at public engagement and community benefits-sharing. Continuing to indulge such domestic-only remonstrations will solve none of the nation’s supply challenges.
Meanwhile, efforts by both the Trump and Biden administrations are already driving progress towards improved recycling and utilization of unconventional wastes and resources. Biden’s Infrastructure Investment and Jobs Act funded numerous programs to produce new critical minerals without new mining, including Department of Energy grants to equip operating facilities with byproduct recovery systems, new mapping programs from the United States Geological Survey to locate historic mines with viable levels of critical minerals in abandoned wastes, and a Rare Earth Elements Demonstration Facility program at the Department of Energy to prioritize the use of waste as a feedstock. The Trump administration has continued to issue notices for IIJA-funded, waste resource, and recycling-focused opportunities into 2026. In short, maximization of byproduct potential, recycling, and remining is already established bipartisan policy.
Above all, Democrats must capitalize on the chance to start alleviating national critical mineral constraints now, in the middle of a Trump presidency, to position the U.S. industrial base to produce impressive economic and technological results in 2028 and beyond. Trump will depart the Oval Office in less than three years, whereas U.S. critical minerals strategy must play out over the next five to 10. Passing up promising opportunities today in the name of scoring short-term political points serves neither the nation’s best interests nor those of the Democratic Party.
Over the next two years, critical minerals policy offers rare bipartisan opportunities to supercharge innovation and build projects that will not only produce strategic materials but also solutions for cleaner industrial processes. In most cases, new U.S. production will already be less carbon-intensive than the global average. Meanwhile, federal policy support will foster U.S. process engineering know-how that might ultimately drive long-term breakthroughs in transformative cleaner solutions.
All of that said, policymakers must also balance environmental and innovation ambitions against realistic expectations and resist the temptation to chase only fully clean projects. For now, truly zero-carbon metals produced using green hydrogen or other novel techniques remain dramatically more expensive than metals produced with the most cost-efficient mix of energy inputs and feedstocks. Depending on the sector, domestic industries that have first achieved scale and rebuilt domestic expertise may position America better for catalyzing such shifts.
Cost competitive industries, after all, are also key for advancing Democratic priorities. More favorable costs for U.S.-produced critical materials and increasingly secure upstream secure supply chains will help make U.S.-manufactured technologies such as electric vehicles, solar modules, and electrolyzers more competitive. Responsible production capacity that is operating at scale will increase bargaining power for pressuring irresponsible producers overseas to reform, while creating new markets for American raw materials among principled partners and corporate offtakers.
Miners and metallurgists deserve an equal place of honor in the energy transition economy alongside rooftop solar installers and electricians, and such heavy industry workers can help rebuild a stronger U.S. labor movement.
But the risk of squandering such long-term opportunities is real. During the Biden administration, progressives reflexively fielded proposals that would add regulatory burdens and make mining more difficult — proposals which largely went nowhere. Meanwhile, the bipartisan Mining Regulatory Clarity Act — one of the few specific regulatory reforms proposed for the mining sector to date — still has not passed since its introduction in 2023. The current version is stalled over the inclusion of provisions that would redirect mining administrative fees to cleaning up abandoned mines. Remediating legacy sites is an important federal government obligation, but the quid pro quo calculus of extracting concessions for simple regulatory reforms both complicates their passage while also procrastinating standalone measures to address abandoned mines.
Certainly, the current political moment could not be more charged. Another recent House Natural Resources hearing on oversight ended abruptly after Oregon Representative Maxine Dexter moved to subpoena Donald Trump, Jr. over concerns that administration financial support favored mineral companies in which he was invested. This episode highlights the challenge for Democrats — holding the federal government accountable to the U.S. public while simultaneously working to address the country’s critical mineral priorities.
This is less complicated than it sounds. Lawmakers on both sides of the aisle can agree on strong oversight provisions to ensure that programs prioritize the nation’s interests and achieve political longevity. Democrats should therefore lean in to their desired guardrails, be they mandatory public transparency, reviews of company history and project feasibility, or conflict-of-interest restrictions. Stronger congressional oversight and robust environmental and human rights safeguards are worthy Democratic goals, but advancing them requires that Congress do its job and legislate.
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The proposal resolves an issue that has bedeviled the industry since 2022.
Is Rosemont about to be BAAJA blasted away?
In a 2022 decision formally titled Center for Biological Diversity v. U.S. Fish & Wildlife Service, the Ninth Circuit Court of Appeals ruled that Rosemont Copper Company its claim under the General Mining Act of 1872 did not give the company license to dump literally millions of tons of waste rock on adjacent Forest Service land. Though Rosemont argued that the use fell under the law’s provisions for “mill sites” on public lands used for mining, the court found that because the parcel in question lacked valid mining claims of its own, the Mining Act did not justify its use under its own permissive regime.
The conservative energy group ClearPath Action described the decision as “a significant departure from long-held mining practices.” Industry groups said that the decision would vastly extend and complicate the process of mining on public lands by putting areas with mineral claims into a separate legal and permitting category from adjacent land that had customarily been considered part of the mining development.
Almost immediately after the court decision, the mining industry and its allies in Congress got to work trying to “fix” the Rosemont decision in order to restore the pre-2022 status quo.
One proposed fix — the Mining Regulatory Clarity Act — has been introduced several times in both houses of Congress, including as far back as 2023 in a Senate bill co-sponsored by Catherine Cortez Masto of Nevada and Jim Risch of Idaho.
Another version of the bill, sponsored by Nevada Republican Mark Amodei, Nevada Democrat Steven Horsford, and Alaska Republican Mark Begich, passed the House of Representatives late last year with a handful of Democratic votes. Both bills would have explicitly established that miners could claim public land for waste rock disposal as long as it was “reasonably necessary” and “reasonably incident” to mineral development.
Now they may all be getting their wish. The comprehensive permitting bill introduced by Republican and Democratic leaders in the Senate known as the Bipartisan American Affordability and Jobs Act, includes the full text of the Mining Regulatory Clarity Act
Both parties have been trying to jumpstart the domestic mining and critical minerals industry, especially for materials key to energy sectors, such as copper and lithium. The long lead time it takes to permit and open a mine is one of the major barriers to developing the domestic mining industry (along with nasty price competition from overseas miners and refiners, especially those controlled by Chinese firms).
This is not the first time a bipartisan permitting bill has included what’s known a “Rosemont fix.” There was also one in the 2024 Energy Permitting Reform Act, and in the Senate FREEDOM Act introduced by Cortez Masto and Arkansas Republican Tom Cotton this past summer.
You may have noticed lots of Nevadans associated with these bills. That’s because “Nevada is to mining as Texas is to oil and gas,” Aaron Mintzes, deputy policy director of Earthworks, a frequent and vigorous adversary of the mining industry, told me
While environmental groups generally supported the Rosemont decision, some groups supporting the clean energy industry backed the Mining Regulatory Clarity Act, including Bipartisan Policy Center’s lobbying arm, the clean energy trade group Advanced Energy United, and the Zero Emission Transportation Association, which includes several copper and lithium companies among its members. (Mintzes described ZETA as “the lithium mining lobby” and an “outlier” among clean energy groups in supporting the Mining Regulatory Clarity Act.)
Instead of a technical fix that would comply with the spirit of existing law, Mintzes described the changes to mining regulation in BAAJA as giving mining companies “a nearly unlimited amount of public lands for their waste dumps, for their roads, for their pipelines, for their transmission lines, and for any other purpose that would be reasonably incident to mining.” That goes beyond the mill sites envisioned by the 1872 law, he said.
The National Mining Association, on the other hand, praised the bill Wednesday, with its president Rich Nolan saying in a statement that the existing permitting process is “mired in duplication, endless litigation and uncertainty,” and that “elected officials on both sides of the aisle have long acknowledged that the status quo cannot continue.”
Albert Gore, the executive director of the Zero Emission Transportation Association, told me that there was a “broad recognition” among miners, refiners, and operators that the Rosemont decision required a statutory fix.
“It needed to be clarified in order to remove uncertainty. It's hard enough to invest in mineral production in the United States,” Gore said.
BAAJA’s mining provisions also include the Abandoned Hardrock Mine Fund, which would be funded by maintenance fees collected by the Department of the Interior under the same 19th century mining law. This fund would support a program established by the 2021 Bipartisan Infrastructure Law to clean up abandoned mining sites.
In a transcript of a strategy call between environmental organizations on the BAAJA published by Punchbowl, Mintzes described the fund as “the one good thing I spotted in this bill so far.”
Exploratory projects are making a splash in Maine and Alaska.
A legal brawl is brewing over what could be the nation’s first underwater data centers.
Two subsidiaries of a new LLC named DeepGreen have applied for “preliminary” permits from the Federal Energy Regulatory Commission that would give four years of permission for studies and analysis towards constructing underwater data centers off remote coastlines in Maine and Alaska. The data centers as proposed would be powered entirely by tidal energy, as in, the power of waves themselves – a technological innovation from hydropower still being piloted around the world. Project descriptions submitted to FERC lay out what these data centers would look like in broad strokes: hundreds of hydrokinetic turbines, dozens of underwater “data center pods,” and miles of subsea cable. The permits would not authorize construction, which would need its own lengthy review process. But these early green lights would tee both areas up for years of potential conflict over hypotheticals that feel real to those on the ground.
There are upsides from purely a carbon emissions perspective. Relying on tidal energy suggests they’d be greenhouse gas-free, powered by the energy of the ocean. It would also eliminate the land use problem that upends so many AI data center projects. There are also clear environmental risks, as they’re also being suggested in ocean areas often coveted for protection, off coastlines where it’s unclear if the neighboring communities will accept them.
DeepGreen’s Alaska project is proposed within a more than 1,000-acre channel of the Cook Inlet, an estuary coveted by fishermen and wildlife conservation advocates, where fights over resource development already occur often. The upstart company’s Maine project is planned for the northernmost tip of the state, in the Bay of Fundy, which shares a transnational border with Canada. Canadian tidal power generation for the general populace marginally exists today in the Bay of Fundy – with major stipulations for marine life protection because it affects the general nature of water currents.
It’s crucial to note neither project has much information available online, sans brief text file project descriptions available through FERC’s online filing database. There is no public-facing website to date for the project, or for DeepGreen itself. When I contacted Louis Wolfson, a vice president at the company who is listed on company filings, he declined to talk about the developments over the phone and suggested I contact him at an email address listed in FERC application documents. That email address uses a website – “DeepGreenCoastal.com” – that does not seem to exist.
Still, we already know enough to say both development areas are likely to require substantial federal review. Not only does their presence in these waters almost necessitate it but both development areas receive considerable whale traffic. DeepGreen has already acknowledged a need to coordinate passive acoustic monitoring and “non-invasive study methodologies” with the National Marine Fisheries Service, the federal marine protection agency run out of NOAA. The Bay of Fundy is a prominent summer home for the endangered North Atlantic Right Whale and the National Marine Fisheries Service has already intervened in the FERC case for the Maine project, signalling in its filing that Endangered Species Act and fish habitat consultations “may be necessary for the project.”
The Center for Biological Diversity has also filed motions to intervene in both FERC cases, which they tell me is a prelude to potential litigation. “Putting one of these in the ocean just seems like a dystopian nightmare but it was especially alarming because of the areas they want to put these in,” Kristen Monsell, CBD Oceans Program Litigation Director, told me in an interview. “[The motions] are a step required in order for us to participate in the permitting process at FERC and then preserve our ability to challenge the decision in court if we think that’s necessary.”
In Maine, the coastline neighbors are the city of Eastport, which is vociferously opposed to this data center being built. The city passed a moratorium on data center development in response to the project and filed a request to intervene in its FERC case this week. “The City's concerns include potential effects on fisheries, marine habitat, water quality, currents, sediment, underwater noise, electromagnetic fields, equipment heat, existing uses of the waterway, and access to marine resources,” the city stated. “Questions also remain about equipment failure, storm damage, emergency response, equipment recovery, site restoration, and eventual decommissioning. These concerns are specific to the proposed placement and extended operation of computing and energy infrastructure on and beneath the seabed.”
In Alaska, DeepGreen doesn’t face a situation like Eastport with a bustling tourist destination-turned-nemesis, but there’s still quite a bit of local confusion and consternation.
The Kenai Peninsula Borough, which is the equivalent of a county-level government, is currently neutral on the development. But the Alaska Commercial Fisheries Conservation Alliance, a newly-formed nonprofit that includes fishing permit holders in the Cook Inlet, submitted a filing to FERC claiming the project site doesn’t properly take into account existing fishing permit holders and that “a preliminary permit proceeding that advances a project of this scale without any commercial fishing impact assessment” would fail the agency’s public interest obligations.
I asked DeepGreen if it had any comment on the litigation risk around their projects. This is what Louis Wolfson provided: “Preliminary permits under the Federal Power Act do not authorize construction or physical disturbance. Their sole purpose is to establish priority while environmental, bathymetric, and technical feasibility studies are conducted. Stakeholder participation is an expected and healthy part of the FERC regulatory process. DeepGreen welcomes the engagement of conservation organizations, local communities, and regulatory resource agencies as we evaluate whether these sites can deliver low impact, zero carbon infrastructure in full compliance with federal environmental laws."
And more of the week’s biggest fights around project development
1. Ottawa County, Michigan – A congressional district House Democrats are targeting for control of the Lower Chamber is now a battleground over solar development on farmland, and I’m waiting to see if President Trump gets involved.
2. Texas – The Lone Star State sure is action-packed right now, huh? Let’s break down a few of the most important fights.
3. Lincoln County, Oklahoma – A massive wind project in rural Oklahoma is now on hold amidst continued local opposition, according to a Republican member of the state legislature.
4. Clinton County, Indiana – Well hey, at least some places are still approving some things. Like in rural Indiana, where a community actually voted for considering a data center.