Abstract

The United States is reprioritizing domestic extraction and processing of critical minerals, with billions of dollars of investments. Because of their uses in low-carbon technologies, the mining and processing of these resources falls under the scope of the Justice40 Initiative, the Biden administration’s flagship environmental justice policy. Justice40 prioritizes green investments to benefit communities deemed disadvantaged, including all recognized Tribes. This can lead to the siting of “green” mineral projects in disadvantaged communities (DACs), which is problematic if such projects are unwelcome or reproduce environmental injustices. These unintended consequences are our focus. We analyze how DACs are defined and operationalized, before examining whether and under what conditions critical mineral projects could be considered beneficial for local communities. We suggest three ways to better align Justice40’s spirit with its (currently problematic) application to critical minerals and other controversial projects – (1) centering free, prior, and informed consent (FPIC) and the transparency and power restructuring needed to achieve it; (2) incentivizing community ownership to strengthen economic benefits and democratize decision making; and (3) bringing currently-exempted critical mineral activities within the purview of Justice40, particularly for the Department of Defense.

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.