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On December 18, 2025, the House of Representatives passed H.R. 1366, the Mining Regulatory Clarity Act of 2025, legislation that seeks to overturn a 2022 Ninth Circuit Court of Appeals decision that upended more than four decades of regulatory practice governing hardrock mining on federal lands. The bipartisan bill, introduced by Representative Mark Amodei (R-NV) and co-led by Representative Steven Horsford (D-NV), creates a new statutory category of “mill sites” for ancillary mining activities and establishes an Abandoned Hardrock Mine Fund to support remediation of legacy mining sites. The bill can be viewed here.

The legislation follows President Trump’s March 20, 2025, Executive Order 14157, “Immediate Measures to Increase American Mineral Production,” (which we discuss on our blog: President Trump’s March 20 Executive Order Bolsters Domestic Mineral Production Through Permitting, Leasing, and Funding) which directed the National Energy Dominance Council to prepare recommendations to Congress “to clarify the treatment of waste rock, tailings, and mine waste disposal under the Mining Act of 1872.” The Executive Order explicitly recognized that the Rosemont decision and subsequent agency interpretations created uncertainty by requiring operators to validate all mining claims—including those used solely for waste disposal—before obtaining plan of operations approval.

The Rosemont Decision

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On December 18, 2025, the House of Representatives passed the Standardizing Permitting and Expediting Environmental Decisions (SPEED) Act by a vote of 221-196. The legislation represents the most comprehensive proposed reform of the National Environmental Policy Act (NEPA) in decades and marks a significant milestone in efforts to streamline federal environmental permitting for infrastructure and resource development projects. View a copy of the bill: H.R. 4776

The bill’s passage came after Republican leadership added an anti-offshore wind provision to secure votes from GOP hardliners. The amendment led the American Clean Power Association to withdraw its previous endorsement, transforming what had been conceived as technology-neutral permitting reform into more partisan legislation.

SPEED Act Background

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What Happened: What The U.S. Geological Survey (USGS) has released the final 2025 List of Critical Minerals, expanding it to 60 commodities by adding 10 new minerals. Published in the Federal Register on November 7, 2025, this update retains all 50 from the 2022 list while incorporating additions. View the full list and methodology here.

Details:  The new entries—boron, copper, lead, metallurgical coal, phosphate, potash, rhenium, silicon, silver, and uranium—address vulnerabilities in supply chains for industries like electronics, renewable energy, steelmaking, agriculture, nuclear power, and national defense. Notably, the draft list published on August 26, 2025, had recommended removing arsenic and tellurium, but both were retained in the final list based on interagency recommendations. The expansion reflects a strategic effort to bolster domestic production and reduce reliance on foreign sources, particularly China, for minerals essential to the U.S. economy and national security.

Significance: Designation unlocks expedited federal permitting under FAST-41, Defense Production Act funding, tax incentives, and streamlined reviews, potentially accelerating projects, as discussed in our blog article here. Critical minerals are also be subject to Department of Interior’s expedited permitting procedures as outlined in our blog article here. For California stakeholders, this may have implications regarding state efforts to define critical minerals under SMARA, as discussed here.

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On October 11, 2025, Governor Gavin Newsom signed Assembly Bill 1319 into law, establishing a new California Endangered Species Act (CESA) mechanism for California to extend state-level endangered species protections to species that may lose federal safeguards under the federal Endangered Species Act (ESA). The statute empowers the California Department of Fish and Wildlife (CDFW) to designate “provisional candidate species” that receive the same protections as state-listed species, including strict prohibitions on “take” and rigorous mitigation requirements.

AB 1319 is California’s direct response to a material shift in federal endangered species law—one triggered by the Supreme Court’s 2024 decision in Loper Bright Enterprises v. Raimondo and the subsequent federal proposal to rescind the regulatory definition of “harm” under the Endangered Species Act. These federal changes threaten to narrow the scope of activities regulated under the ESA, particularly those involving habitat modification. California’s new law seeks to ensure that species native to the state will continue to receive protection even if federal safeguards are reduced or eliminated.

The implications are significant: there are dozens of federally listed or candidate species native to California that are not currently protected under CESA—any of which could become provisional candidates under AB 1319 if federal protections are reduced. California’s new law seeks to ensure that these species will continue to receive protection even if federal safeguards are eliminated.

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The definition of “critical minerals” has become a pivotal issue in 2025, determining not only which mining projects receive expedited federal permitting and funding, but also which deposits gain protection from incompatible development under California law. As the federal government races to secure domestic supply chains through accelerated approvals, California is charting its own course—crafting a definition that balances national security priorities with the state’s clean energy transition and land use planning framework. The outcome of these parallel efforts will directly shape project timelines, regulatory pathways, and investment decisions for years to come.

Federal Classification: Opening Doors to Expedited Permitting and Funding

At the federal level, inclusion on the U.S. Department of the Interior’s critical minerals list triggers concrete benefits. The August 2025 draft update added copper, potash, silver, lead, rhenium, and silicon while removing arsenic and tellurium—changes that will determine which projects qualify for expedited permitting procedures, federal loan guarantees, and Defense Production Act funding.

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The U.S. Department of the Interior (“DOI”) has announced “emergency” permitting procedures to accelerate energy and critical mineral projects (DOI official announcement here) under Executive Order (“EO”) 14156, Declaring a National Energy Emergency. These changes prioritize rapid approvals for energy projects that meet eligibility criteria, with unprecedented, streamlined processes under (i) the National Environmental Policy Act, (ii) Endangered Species Act, and (iii) National Historic Preservation Act.

Applicability

The DOI’s emergency procedures apply to projects meeting two criteria:

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The Trump administration has unveiled the first 10 mining projects designated for accelerated federal permitting under Executive Order 14157, Immediate Measures to Increase American Mineral Production, which prioritizes expedited permitting, federal land leasing, and funding of mining projects (discussed in our previous blogpost here). Published by the Federal Permitting Improvement Steering Council (Permitting Council), the list — including gold, silver, copper, lithium, coal, and potash ventures — prioritizes ventures critical to reducing U.S. reliance on foreign minerals and advancing national energy and economic security goals.

The Permitting Council identified high-value projects as “transparency projects” on the FAST-41 Federal Permitting Dashboard created under the Fixing America’s Surface Transportation (FAST) Act. Notable ventures include:

  • Stibnite Gold Project (Idaho): A proposed open-pit gold mine in central Idaho, aiming to mine gold, silver, and antimony.
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Following President Trump’s March 20, 2025, Executive Order (“EO”) 14157, “Immediate Measures to Increase American Mineral Production” (discussed in our blogpost here), and recent recognition of valid existing rights to continue mining for gold and rare earth elements at the Colosseum Mine (see our blogpost here blog), the administration has now taken decisive steps to advance one of the nation’s most significant mining projects: the Resolution Copper Mine in Arizona. On April 17, 2025, the U.S. Forest Service announced its intent to issue a Final Environmental Impact Statement (FEIS) and Draft Record of Decision (Draft ROD) within 60 days for the contested land exchange critical for the project. This move underscores the administration’s commitment to leveraging federal authority to fast-track domestic mineral production, even as legal and tribal challenges loom.

The Resolution Copper project, a joint venture between Rio Tinto and BHP, aims to develop the largest copper mine in the U.S., estimated to yield 40 billion pounds of copper over its lifetime. The mine hinges on a land exchange transferring 2,422 acres of Tonto National Forest land (Oak Flat, or Chí’chil Biłdagoteel to the Apache) to Resolution Copper in exchange for private parcels. Copper, recently added to the critical minerals list under EO 14157, is essential for renewable energy infrastructure, defense systems, and consumer electronics.

The Forest Service’s notice follows years of litigation and delayed consultations under prior administrations. The project is involved in pre-existing tensions with the San Carlos Apache Tribe and environmental groups. The Supreme Court is currently considering a petition filed by Apache Stronghold, a tribal advocacy group, to halt the land transfer (Apache Stronghold v. United States, No. 24-291). The petition argues that the project violates tribal religious rights and federal preservation laws.

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This week, the U.S. Department of the Interior (“DOI”) publicly confirmed the ongoing rights of Colosseum Rare Metals, Inc. (“CRM”) to continue mining operations at the Colosseum Mine, located within the Mojave National Preserve (“MOJA”) in San Bernardino County, California.  The Department’s communication reaffirms that CRM holds “valid existing rights” pursuant to the California Desert Protection Act (“CDPA”) to conduct mine operations under its existing plan of operations, approved by the Bureau of Land Management prior to enactment of the CDPA.  These rights include the right to explore for and extract rare earth elements in addition to gold.  [See DOI News Release and X announcement here]

DOI’s recognition of Colosseum’s mining rights furthers the goals of President Donald J. Trump’s Jan. 20, 2025, Executive Order “Unleashing American Energy” promoting domestic energy and resource independence, and March 20, 2025 Executive Order (“EO”) 14157, “Immediate Measures to Increase American Mineral Production,” spotlighting and bolstering domestic mining.  [See prior JMBM Blog on EO 14157 here]  In its recent news release, DOI underscored the importance of supporting domestic mining: “The resumption of mining at Colosseum Mine, America’s second rare earth elements mine, supports efforts to bolster America’s capacity to produce the critical materials needed to manufacture the technologies to power our future. For too long, the United States has depended on foreign adversaries like China for rare earth elements for technologies that are vital to our national security. By recognizing the mine’s continued right to extract and explore rare earth elements, Interior continues to support industries that boost the nation’s economy and protect national security.”

DOI proving EO Policies are more than just words

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On the heels of President Trump’s January 20, 2025, Executive Order “Unleashing American Energy” promoting domestic energy and resource independence, he is promoting United States natural resources with Executive Order (“EO”) 14157, “Immediate Measure to Increase American Mineral Production,” issued March 20 to spotlight and bolster domestic mining. The President’s latest effort to prioritize mining, and in particular critical minerals, should come as no surprise. In a January 2025 speech, President Donald Trump framed his administration’s vision for domestic mineral production, particularly rare earth minerals, which are currently dominated by Chinese production: “We’re going to environmentally free up our rare earth minerals… We have some of the best rare earth anywhere in the world, but we’re not allowed to use it because the environmentalists got there first. They use the environment to stop progress, and we’re not going to let that happen.” [EO 14157 can be found here.]

Consistent with this vision, the March 20 EO seeks to accelerate domestic mining projects, reduce reliance on foreign supply chains, and streamline regulatory processes, including by expanding the scope of critical minerals to include gold, copper, uranium, and potash, while addressing critical bottlenecks in mine waste management. The order also permits the National Energy Dominance Council (“NEDC”), established by the President’s February 2025 Executive Order “Establishing the Energy Dominance Council“, to add other minerals to be within the scope of the order.

The EO focuses on three core mechanisms to boost domestic mineral production: (1) expedited permitting, (2) federal land leasing, and (3) funding and financing. The EO also notably addresses the uncertainty surrounding mining waste management under the Mining Act of 1872, particularly after the Ninth Circuit’s decision in Ctr. for Biological Diversity v. United States Fish & Wildlife Serv., 33 F.4th 1202 (9th Cir. 2022) (“Rosemont Decision”). Some key points under the EO, and potential implications, include the following:

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