The clean energy transition should not be built on dirty mining

Delivery to Congress

Action ended on December 11, 2024

What Happens Next

Thank you to all who took action during the 117th Congressional session! We are waiting for this bill to be introduced in the new Congress.

What Was At Stake

We face an existential climate crisis and must move quickly to build the solar panels, wind turbines, batteries, and electric vehicles that will power our clean energy transition away from fossil fuels. But this clean energy transition should not be built on dirty mining that hurts communities and the environment. It’s past time to reform our dirty mining laws for a more just and equitable clean energy future and reject false solutions that further weaken mining regulations.

Mining on public lands in the U.S. continues to be governed by the 1872 Mining Law, which fails to provide even basic protections for our shared public lands and the communities that call those lands home. More than a century of reckless mining has poisoned our air, waters, and lands — and has disproportionately impacted Indigenous communities. We must address the shortcomings of the archaic 1872 Mining Law, and we need your help with taking this to the next level. 

Instead of reforming our mining laws, Congress is attempting to pass a disastrous bill that only reinforces an already broken system and makes it worse. The Mining Regulatory Clarity Act would further weaken mining laws, all under the guise of ‘climate action.’ It would allow mining companies to overtake our public lands and block them from being used for things like recreation, conservation, and clean energy—even without a valid mineral claim. We must oppose this handout to the mining industry. 

We can, and must, avoid repeating the mistakes of the fossil fuel era by updating the archaic 1872 mining law and meeting the demand for critical minerals in the most sustainable way possible: by recycling, reusing, and extending the life of materials and products we already have. Research demonstrates the significant potential for recycling to offset demand for newly mined metals for electric vehicle batteries. Effectively recycling end-of-life batteries could reduce global Electric Vehicle (EV) mineral demand 55% for newly mined copper, 25% for lithium, and 35% for cobalt and nickel by 2040. While we understand some mining must occur, it must proceed in the most sustainable way possible with strong environmental and public health protections. The status quo — which has destroyed 40% of headwaters in the western U.S. — is not the answer. 

We need you to urge more of our representatives to  reject false solutions and oppose the Mining Regulatory Clarity Act, so our clean energy transition proceeds in a just and equitable way. Send a letter to your representatives today! 

Emigrant Gulch aerial view looking east from Emigrant Peak.
Emigrant Gulch aerial view looking east from Emigrant Peak. (Photo courtesy of William Campbell)

Your Actions Matter

Your messages make a difference, even if we have leaders who don't want to listen. Here's why.

You level the playing field.

Elected officials pay attention when they see that we are paying attention. Read more.

They may be hearing from industry lobbyists left and right, but hearing the stories of their constituents — that’s your power.

Our legislators serve at the pleasure of the people who gave them their job — you.

Make sure your elected officials know whose community and whose values they represent. When you contact your elected official, you’re putting a face and a name on an issue.

Whether or not you voted for them, they work for you, for the duration of their term.

Make sure your elected officials know whose community and whose values they represent. (Find your local, state, and federal elected officials.)

Your action is with us in court.

If a federal agency finalizes a harmful action, the record of public comments provides a basis for bringing them into court. Read more.

Throughout each of the public comment periods we alert you to, Earthjustice’s attorneys are researching and writing in-depth, technical comments to submit — detailing how the regulation could and should be stronger to protect the environment, our communities, and our planet.

We need you to join us — your specific experiences, knowledge, and voice are crucial to add to the Administrative Record through the comment periods.

Lawsuits we file that challenge weak or harmful federal regulations rely on what was submitted during the comment period. The court can only look at documents that are in the Administrative Record — including the public comments — to decide if the agency did something improper.

Your actions aid our litigation. Taking action and submitting comments during a comment period is substantively important.

It’s the law.

Federal agencies must pause what they’re doing and ask for — and consider — your comment. Read more.

Many of us may have never heard of the National Environmental Policy Act (NEPA) and the Administrative Procedure Act (APA), but laws like these require our government to ask the public to weigh in before agencies adopt or change regulations.

Regulations essentially describe how federal agencies will carry out laws — including decisions that could undermine science, or weaken safeguards on public health.

Public comments are collected at various points throughout the federal government’s rulemaking process, including when a regulation is proposed and finalized. (Learn about the rulemaking process.) These comments become part of the official, legal public record — the “Administrative Record.”

When the public responds with a huge outpouring of support for environmental protections, these individual messages collectively undercut politicians' attempts to claim otherwise.

What this means is each of us can take a role in shaping the rules our government creates — and ensuring those rules are fair and effective.