The Nickel Report

On April 15, 2025, President Trump took two additional actions building on previous initiatives focused on streamlining and supporting domestic mining and mineral production, including the Immediate Measures to Increase American Mineral Production executive order issued on March 20, 2025 (the Mining Order) and the Unleashing American Energy executive order from January 20, 2025. These actions are:

• Updating Permitting Technology for the 21st Century, which seeks to modernize and streamline the federal permitting process for infrastructure projects (the Permitting Directive); and
• Ensuring National Security and Economic Resilience Through Section 232 Actions on Processed Critical Minerals and Derivative Products, which mandates an evaluation of how the importation of processed critical minerals and their derivative products could affect national security.

Together, these actions reflect an urgent commitment to facilitate domestic mineral production, enhance national security, and promote economic growth. In addition, on April 18, 2025, the Federal Permitting Improvement Steering Council (Permitting Council), released its initial list of ten transparency projects under the Priority Projects directive of the Mining Order. There will be more to come on this action in an upcoming post.

Permitting Directive

The Permitting Directive mandates that executive departments and agencies maximize the use of technology in environmental reviews and permitting processes. The directive is intended to apply to all types of infrastructure projects such as mines, roads, bridges, factories, and power plants. Key highlights include:

• Digital Transition: The directive seeks to eliminate paper-based applications and reduce the duplication of data submissions. This is intended to facilitate better cooperation among agencies (including the ability for interagency use of the same analyses) and streamline the approval process to increase transparency and predictability of permit schedules.
• Establishment of the Permitting Technology Action Plan: The chairman of the Council on Environmental Quality (CEQ) is tasked with developing a strategy to modernize the technology used in federal permitting and environmental reviews resulting in a Permitting Technology Action Plan.
• Creation of the Permitting Innovation Center: The chairman of the CEQ is also tasked with establishing and leading an interagency Permitting Innovation Center. This new center will focus on designing and testing new prototypes to enhance the efficiency of the permitting process, ensuring that federal infrastructure projects can move forward on a timely basis.

Tariff Probe on Critical Minerals

In conjunction with the Permitting Directive, President Trump ordered an investigation under Section 232 of the Trade Expansion Act of 1962 to determine whether imports of processed critical minerals and their derivative products threaten to impair national security. This action aims to address risks to and vulnerabilities of the US manufacturing and defense industrial bases by  reliance on global supply chains for critical minerals and derivative products. Key highlights of the executive order include:

• National Security Concerns: The order identifies potential risks to national security and economic stability due to US reliance on global supply chains for critical minerals and derivative products that are crucial inputs for US manufacturing and the industrial base, including risks of potential disruption due to geopolitical events or natural disasters and potential for price and market manipulation.
• Review Timeline: Commerce Secretary Howard Lutnick has been directed to begin a national security review under Section 232 of the Trade Expansion Act of 1962 and has been given 180 days to report findings, including recommendations on whether to impose tariffs. Section 232 of the Trade Expansion Act of 1962 allows the President to request that the Department of Commerce investigate to determine the effect of specific imports on US national security.
• Focus on Domestic Production: The review is intended to assess vulnerabilities in the US critical minerals (including rare earths and uranium) supply chain, the economic impact of foreign market distortions, and potential trade remedies to ensure a secure and sustainable domestic supply of these essential materials. The Commerce Secretary is directed to report on the following:
  1. Identification of current US imports of processed critical minerals and derivative products, the foreign sources of such critical minerals and derivative products, and the percent, volume, and dollar value of such imports by country;
  2. Risks associated with source countries of critical minerals and derivative products and analysis of the distortive effects of any predatory economic, pricing, and market manipulation strategies and practices used by such countries
  3. The demand for processed critical minerals by manufacturers of derivative products in the US and globally; and
  4. A review and risk assessment of global supply chains for processed critical minerals and their derivative products and an analysis of the current and potential capabilities of the US to process critical minerals and their derivative products.

These recent actions reflect a dual strategy to bolster US mining, energy, and manufacturing and address vulnerabilities in the critical mineral supply chain. By integrating technology into the permitting process and identifying supply chain vulnerabilities, the administration aims to enhance domestic manufacturing, mineral production, and energy and secure long-term economic resilience and national security.

For tailored insights on how these changes may impact your operations or for further information, please reach out to our team.