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Minerals, Metals and Materials Supply Chains

Contacts

Sahar J. Hafeez
Senior Counsel, Washington, DC
T: +1.202.663.8051
Robert A. James
Partner, San Francisco
T: +1.415.983.7215
Amanda G. Halter
Partner, Houston
T: +1.713.276.7665
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Areas of Focus

Minerals, metals and materials (MMMs) are the building blocks of technologies powering the global economy and are at the center of current geopolitics tensions. Demand for MMMs is expected to grow significantly, driven by key industry sectors, including electronics, nuclear energy, data centers and energy storage systems. Advancing reliable and secure access to MMMs for key industries is an imperative for the United States and governments around the world. 

In recent years, governments have pursued policies that impact the supply chains of MMMs, such as incentives to support feasibility studies and projects in the United States and around the world; streamlining permitting requirements for projects; trade restrictions related to forced labor, unfair trade practices, or national security; sourcing restrictions; traceability initiatives; national security-based restrictions on investments; stockpiling reforms; and international partnerships.

Companies across the value chain—from miners to processors to intermediate producers and consumers—investors, clean technology companies, and financial institutions face a complex web of regulatory requirements and market dynamics such as:

  • lack of clarity regarding demand and lack of transparency into the supply chain (particularly for small volume MMMs),
  • price volatility,
  • technology barriers, and
  • the current concentration of the supply chains of various MMMs.

Companies, investors and financial institutions also stand to benefit from opportunities to bring production online, advance the commercial viability of projects, and secure reliable access to MMMs, including through capital support, offtake arrangements and industry partnerships. 

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Complying with relevant requirements and availing of commercial opportunities requires legal and strategic counsel with a deep understanding of market dynamics, regulatory requirements and relevant industries.

One of Pillsbury’s MMM leaders has recent experience working for the U.S. Department of Commerce, where they produced mineral-by-mineral supply chain assessments and U.S. Government policy recommendations, advised the agency and White House on a Section 232 investigation on rare earth magnets, and served as lead for U.S. negotiations with international partners on mineral supply chains. 

Pillsbury’s MMM team counsels mining companies, processing companies, companies in industries that consume MMMs, companies representing end-use markets for MMMs, investors and financial institutions, on all aspects of the MMM supply chain landscape. This includes:

  • Risk assessments for potential trade or national-security based restrictions impacting imports, exports or investments, such as restrictions under Section 301 of the Trade Act of 1974, Section 232 of the Trade Expansion Act of 1962, the Uyghur Forced Labor Prevention Act, global due diligence requirements, and the Committee on Foreign Investments in the United States (CFIUS); compliance with such restrictions; and participation in relevant proceedings.
  • Targeted industry partnerships or coalitions to advance shared goals such as diversification of supply chains by sponsoring new entrants through, for example, group purchasing consistent with antitrust laws.
  • Licensing of mining or processing technologies.
  • Development and deployment of technology in support of MMM extraction, processing and use.
  • Commercial opportunities to invest in MMMs under trade or other international agreements or enter into joint ventures to support MMM operations.
  • Government funding or support opportunities for feasibility studies or projects such as through the Development Finance Corporation; Departments of Defense, Commerce and Energy; and the Export-Import Bank of the United States.
  • Selecting and securing a site for operations in the United States for companies entering the U.S. market and expanding U.S. business operations.
  • Strategic advice for doing business with the U.S. Government including coordinating with officials across U.S. Government agencies and Capitol Hill.

Representative Experience

  • International Trade and National Security
    • Advised leading electronics industry association on Section 232 national security investigation of processed critical minerals; ongoing counsel regarding trade and supply chain matters involving minerals.
    • Advised U.S. manufacturer of metal powders on Section 232 national security investigation of processed critical minerals; ongoing counsel regarding trade matters.
    • Advised U.S. utilities on Section 232 national security investigation of processed critical minerals and Department of Energy Request for Information regarding the 2026 Critical Materials Assessment.
    • Advised U.S. mining and manufacturing company on Section 232 national security investigation of processed critical minerals.
    • Advised U.S. pipe joining production on Section 232 national security investigation of copper; ongoing counsel regarding trade matters.
    • Advised U.S. mining and manufacturing company on Section 232 national security investigation of rare earth Neodymium Magnets; ongoing counsel on trade policy and import matters.
    • Successfully mitigated penalties of over $1.5 million related to Temporary Importation under Bond (TIB) entries made by U.S. manufacturer of mining equipment. We undertook a detailed review of the company’s TIB entries and export documentation and devised a compliance and mitigation strategy which involved proactively engaging with the agency and filing relief petitions as well as Anticipatory Breach Notifications.
    • Advised U.S. military aircraft parts supplier in criminal, government contracts, and export control investigations involving magnets and specialty metal requirements.
    • Advised U.S. nuclear utility companies on multiple supply chain reviews related to critical mineral and strategic minerals and energy security, conducted by the White House, Department of the Interior, Department of Defense and Department of Energy.
    • Advised space launch company on supply chain and export control matters regarding rare earth magnets.
    • Advised Nordic manufacturer on supply chain matters regarding battery supply chain and Uyghur Forced Labor Prevention Act (UFLPA) requirements.
    • Advised chemical manufacturer on supply chain review and mapping, identifying inputs for alternate sourcing, preparing a due diligence report on potential XUAR sources, drafting UFLPA traceability packages, and preparing reporting under California Supply Chain Transparency Act.
  • Investments/Transactions/Projects/Development
    • Advised large private equity investor in a strategic investment in largest project in North America containing some of the important rare earth minerals.
    • Represented rare earths mining and processing company on development of processing and refining facilities, and on tolling and offtake agreements for purchasers of rare earth oxides and finished rare earth magnets.
    • Advised regarding strategic and operational aspects of reorganizing a national mining industry in preparation for long-term planning and capability-building for government-led initiatives.
    • Represented foreign Ministry of Energy regarding regulatory frameworks and international treaty obligations related to mineral development activities.
    • Advised foreign state-owned corporation regarding complex mining contracts and bilateral state agreements in connection with mineral sector renegotiations and restructuring.
  • Environmental and Natural Resources
    • Represented seller and lessor of interests in Wyoming, Colorado and Montana coal properties and mining ventures.
    • Represented buyer of interests in coal properties in Wyoming.
    • Represented owner of geothermal plant on geothermal brine lithium extraction venture.
    • Represented seller and lessor of coal mine and coal and coalbed methane reserves in Alabama.
    • Represented seller of California rare earths mine, Wyoming coal mine, New Mexico uranium mine, Texas uranium milling facilities, and Utah Gilsonite resin mine and associated reserves.
    • Represented partner in venture for oil sands extraction, bitumen pipeline and bitumen upgrader in Alberta, Canada.
    • Represented seller of interest in Brazilian niobium mining and marketing company.
    • Advised global mining company on all aspects of managing its portfolio of U.S. environmental liabilities, including administrative and judicial action, as well as stakeholder and political engagement.
    • Advised rare earths mining and processing company on environmental permitting matters associated with development of magnet manufacturing facility.
  • Antitrust
    • Provided Aspen Institute with strategic, regulatory and corporate advice regarding the formation of the Zero Emission Maritime Buyers Alliance (ZEMBA), alongside co-founders Amazon, Patagonia and Tchibo.
    • Advised large, integrated health care system on antitrust issues in connection with development of multi-hospital buying group.
    • Counseled firms in wide range of industries on antitrust issues arising from prospective joint ventures including, where necessary, securing Hart-Scott-Rodino Act clearances.
  • Site Selection and Government Incentives
    • Advised global manufacturer in its entry into the U.S. market, including serving as site selection counsel to advise on incentives, real estate, permitting, and related issues.
    • Advised global manufacturer on the development of a new facility in Texas, including negotiating a long-term lease, advising on state and local tax implications, and securing an incentive package inclusive of tax abatements, workforce support, and performance grants.
    • Advising major foreign chemical company with respect to a host of site selection issues leading up to final investment decision, including conducting comprehensive environmental due diligence and permitting.
    • Advised major foreign chemical company with respect to real estate issues (specifically, a ground lease), employment agreements, and environmental diligence and permitting regarding an FID for siting in Louisiana.
    • Served as counsel to multiple companies who are seeking or have accepted federal grant funds made available through the Infrastructure Investments and Jobs Act and Inflation Reduction Act to conduct infrastructure projects and build new facilities.
    • Advise U.S. manufacturer of metal powders on Foreign Entity of Concern restrictions applicable to 45X tax incentives under the One Big Beautiful Bill Act.

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