Natural Resources and Mining Law Blog
By Kerry Shapiro and Daniel Quinley
On January 20, 2025, President Donald J. Trump issued the “Unleashing American Energy” Executive Order to, among other things, establish the United States as a “leading producer and processor of non-fuel minerals.” (“Executive Order”) The Executive Order emphasizes key energy policies, including the removal of EV-mandates and other actions to push forward the development of domestic energy. The Executive Order goes on to set forth several important policy directives focusing on mineral development, especially critical minerals. Broadly speaking, the Executive Order seeks to (1) promote domestic development of mineral resources; (2) cut significant red-tape by removing regulations and encouraging streamlined permitting, and (3) reevaluate historic withdrawals of public land for mineral and resource development. The following are among the litany of actions aimed at “unleashing” American energy and natural resources:
- Comprehensive agency review of existing regulations that impose an “undue burden” on the development and production of domestic energy and mineral resources, and development of “action plans” to address same within 30 days of this Executive Order;
- Eliminate all permitting delays, where possible, by utilizing tools such as “general permitting” or “permit by rule,” as well as “emergency authorities,” for projects deemed “essential for the Nation’s economy or national security;”
- Prepare recommendations for legislative permitting reform, to be presented to Congress;
- Reassessment of public land withdrawals;
- Commence updated surveying and mapping for critical mineral resources;
- Review and revise the National Environmental Policy Act (“NEPA”) and its implementing regulations, to facilitate compliance with the Executive Order and “prioritize efficiency and certainty over any other objectives, including those of activist groups” and avoid “delays and ambiguity” in federal permitting;
- Limit environmental review to only “legislated requirements for environmental considerations,” and prohibit the use of “arbitrary or ideologically motivated” methodologies;
- Immediate revocation and/or revision of numerous executive orders and regulations from the prior administration.
The policies and direction of the new administration as reflected in this Executive Order are clear: cut red tape, prioritize natural resources permitting and development, and constrain federal agency discretion in implementing NEPA. How these policies and direction translate to action on the ground will unfold in the coming months, recognizing the establishment of aggressive 30- and 60-day timelines for agencies develop their action plans.
Kerry Shapiro
Kerry Shapiro chairs the Natural Resources & Mining Practice Group at Jeffer Mangels Butler & Mitchell LLP. He has represented the mining, building materials, and other resource industries on mineral extraction and land development projects for more than 25 years. Kerry also serves as General Counsel to the California Construction and Industrial Materials Association (CalCIMA). Contact Kerry at KShapiro@jmbm.com.
Daniel Quinley
Daniel Quinley is an environmental and land use lawyer at Jeffer Mangels Butler & Mitchell LLP. He represents clients in complex regulatory, permitting, policy, and litigation arenas. Contact Dan at DQuinley@jmbm.com.
JMBM’s Natural Resources & Mining Law Group
Jeffer Mangels Butler & Mitchell LLP has one of California’s leading natural resources and mining law practice groups. The group is comprised of lawyers with over 25 years of practice in law firms, government, and consulting, and provides companies and trade associations with unparalleled counseling, compliance, and litigation services in nearly every area of federal and California natural resources and mining law.