Despite growing demand for critical materials, opening new mines in the United States is almost impossible. This research in brief explores the legal barriers to opening new mines in the United States, such as permitting and litigation.

Key Findings

• The United States has abundant natural resources, including critical materials such as copper (275 million metric tons) and lithium (more than double that of Australia).
• Mine permitting in the United States takes an average of 29 years, the second longest of any country in the world, followed only by Zambia.
• The most significant contributors to permitting delays are the National Environmental Policy Act, the Endangered Species Act, the Clean Water Act, and the National Historic Preservation Act.
• Even after permits are granted, mines can become mired in litigation for decades. The Rock Creek silver-copper project, for example, has been blocked by litigation since 1998.

Policy Implications:

• Reforms that remove overlapping permitting requirements and rein in litigation can shorten the time to open new mines and unlock America’s vast natural resources estate.

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