EPA

The Biden Administration has announced the “most aggressive” plan to curb tailpipe emissions to date, with new vehicle pollution standards proposed by the Environmental Protection Agency (EPA) and announced by the White House last week.

If finalized, the proposed rules would require automakers to reduce carbon emissions by 56% in their 2032 models compared to 2026 models.  The expectation is that with the rules in place, 67% of new light-duty car purchases will be electric by 2032.

The move comes at a time when geopolitical and trade tensions between the United States and our allies on one hand, and China on the other are soaring, and observers argue that the ambitious plans could play into Beijing’s hands.

While the United States has taken several important steps to decouple its critical mineral supply chains from China, Beijing, having systematically built out its dominance across the entire value chain from mining over processing to manufacturing, still has a chokehold on the EV battery supply chain, and the latest USGS Mineral Commodity Summaries report confirmed that for all of the recent U.S. policy efforts, our dependencies still persist.

In case anyone needed a reminder, here is an infographic from last November, compiled by our friends at Benchmark Mineral Intelligence clearly visualizing China’s dominance of the battery supply chain.

The Biden Administration has, in recent weeks, stepped up its friend-shoring initiatives to bolster U.S. supply chains, with recent trade deliberations having yielded a free trade Critical Minerals agreement with Tokyo and a likely similar accord between the U.S. and EU. U.S.-Canadian critical minerals cooperation has also seen a boost.

Embedded into a comprehensive “All of the Above” strategy, these friend-shoring initiatives can play an important role in strengthening critical mineral supply chains.  And yet there are mounting concerns that the Biden Administration, in spite of verbal affirmations of wanting to responsibly expand domestic resource development and processing, continues to cater to the “not-in-my-backyard” sentiment, which still runs strong in discussions on resource development.

This brings us back to the “inherent irony” or “paradox of the green revolution” Reuters columnist Andy Home has invoked in several instances when covering critical mineral resource supply chains for the very materials underpinning the green energy transition — the paradox that “public opinion is firmly in favour of decarbonisation but not the mines and smelters needed to get there.”

It’s not that there is a lack of promising domestic resource development projects, especially for the Battery Criticals — lithium, cobalt, graphite, nickel, and manganese.

ARPN recently looked at each of these materials, now deemed under President Biden’s DPA determination to be “essential to the national defense,” and the U.S.-based projects working to urgently needed new supply into production. [See our discussions linked here: Lithium, Cobalt, Graphite, Nickel, Manganese]

And let’s not forget copper, which has increasingly been recognized – most recently by the EU — as a critical raw material in light of its key role in the green energy transition, and for which a push to have the metal added to the U.S. Government Critical Minerals List is currently underway.

As ARPN has previously pointed out, lofty goals of net carbon neutrality – and that includes the just released proposed EPA emission standards –  will not be achievable if we don’t embrace a push to secure critical mineral supply chains from “soup to nuts” to borrow a term used by Energy Secretary Jennifer Granholm.

After all, as we’ve noted often at ARPN, the first word in supply chain is… supply.

Amidst a recent uptick in government actions aimed at increasing domestic mineral resource development, the U.S. Environmental Protection Agency (EPA) earlier this month withdrew its preemptive proposed determination to restrict use of one of the largest domestic deposits of key strategic mineral resources (Copper, Molybdenum, Gold, Silver and Rhenium) in Southwestern Alaska. 

As followers of ARPN may recall, the agency’s 2014 decision represented an unprecedented early action to derail the development of the so-called Pebble Deposit.  In spite of the fact that no permit application or specific plans had been submitted, the agency released a cursory review of the Bristol Bay Watershed in Alaska which sounded the alarm on the possible impact of hypothetical mining – even though previous EPA assertions of such preemptive power had been rebuffed in federal court.

The EPA’s decision to preemptively veto the project before any application had been filed represented a unilateral expansion of EPA powers under section 404(c) of the Clean Water Act.

According to the EPA press release, “the agency can continue its focus on fulfilling its responsibilities under the Clean Water Act to work with the Army Corps to review the permit.”

The release goes on to say:

“Today’s action does not approve Pebble’s permit application or determine a particular outcome in the Corps’ permitting process. Instead, it allows EPA to continue working with the Corps to review the current permit application and engage in the National Environmental Policy Act (NEPA) process.”

As ARPN’s principal Dan McGroarty stated last year : 

“With the growing recognition that the U.S. is dangerously dependent on foreign supply for scores of critical minerals and metals, the need for a predictable permitting process has never been greater. The pre-emptive veto of the Pebble Project casts a chilling effect over resource development in the U.S.  […]to allow a pre-emptive veto to stand is ‘contrary to the spirit of our environmental protection laws, to due process, and to basic fairness.”  

Thus, seeing the preemptive determination revoked is a positive development that will allow due process and a rigorous review to take its course. 

Earlier this month, the Congressional Western Caucus led a coalition of Members of Congress and Stakeholders to call on EPA Administrator Scott Pruitt to reverse a pre-emptive veto of the Pebble Mine project in Alaska. The veto stopped the project before it had formally applied to begin the permitting process — a unilateral expansion of [...]

A few years ago, the U.S. Environmental Protection Agency (EPA) made a splash when it took unprecedented early action in an effort to derail the development of one of the largest domestic deposits of key strategic mineral resources (Copper, Molybdenum, Gold, Silver and Rhenium) – the so-called Pebble Deposit in Southwestern Alaska.  In spite of the fact [...]

For the last few months, politics has sucked up much of the oxygen in Washington, DC and around the country.  With the inauguration of the 45th President of the United States behind us, many of us are hopeful that the time has come to finally shift the focus away from politics toward policy. Against the backdrop [...]

It’s that time of the year again.  And as people are gearing up for the New Year, we are taking the opportunity to take stock of the last twelve months, and want to highlight a few select notable developments of relevance to ARPN followers. From a mineral resource policy perspective, we saw some positive developments [...]

If the Environmental Protection Agency (EPA) has its way, the nation’s miners will be saddled with a new regulation that is akin to a solution in search of a problem.  In the process, it would effectively duplicate other federal agencies’ responsibilities, preempt state authority, and potentially cripple an important industry. ARPN President Daniel McGroarty discusses [...]

ARPN’s Dan McGroarty reports a worrisome development in the saga of EPA’s unprecedented use of pre-emptive veto power to stop Alaska’s proposed Pebble Mine even before a mine plan is presented for review: Anti-mining activists are urging EPA to dust off its veto pen again. And again. Noting a common thread between new pushes for [...]

The following op-ed by American Resources Principal Dan McGroarty was published in the Wall Street Journal on January 3, 2014. The original text can be found here. How the EPA Sticks Miners With a Motherlode of Regulation The years-long wait for mining permits in the U.S. is the worst in the world. On Dec. 13, [...]

ARPN’s Dan McGroarty wrote earlier this month about EPA’s newly-proposed redefinition of water – warning that: “…the issue isn’t just mining. Couple the expansive new water rule to EPA’s unilateral extension of its “dredge and fill” powers, and there’s no reason that oil and gas projects won’t be next. Ditto major construction, transportation routes, and [...]