Natural Resources and Mining Law Blog
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.