SUSTAINABLY PRODUCING CRITICAL MINERALS IN THE U.S.: EFFECT OF LAWS ON ENCOURAGING THE MINERAL EXTRACTION INDUSTRIES TO MEET SUSTAINABLE DEVELOPMENT GOALS

The US needs increasing amounts of critical minerals and, for many reasons, is focusing on domestic production. However, within the current US legislation, there are a variety of gaps affecting sustainable and responsible operation of the minerals industries. One method of evaluating sustainability is comparison with the Sustainable Development Goals (SDGs). These were developed by the UN to help the world achieve a more sustainable, equitable, and secure future. This project focused on the effects of federal and state laws on the minerals industry in Missouri, which has potential for production of several critical minerals.

From simply reading legislation, it’s nearly impossible to spot gaps relating to environmental, social and economic factors, the three pillars of sustainability. Due to this, a systematic review style was applied to understand the effects of legislation, with a comparison to the SDGs. A list of laws were selected from a comprehensive search for “mining,” “regulation,” “Missouri,” “federal,” “law,” and “US,” to determine pieces of legislation frequently referenced within literature relating to sustainability and mining. The impacts of these laws on mining and processing operations were evaluated with a thorough news article search and critical analysis of their contents and headlines.

This analysis found the US does have considerable environmental regulations, which act towards meeting SDGs 14 (Life Below Water) and 15 (Life on Land). The most significant pieces of legislation are the Clean Water and the Clean Air Acts. Labor, health, and safety are also significantly regulated, working towards meeting SDG 8 (Decent Work and Economic Growth), through the Mine Safety and Health Act. However, there are negative impacts on SDGs 8, 14, 15 and 16 (Peace, Justice, and Strong Institutions). Opportunities for public participation are limited or entirely lacking (SDG 16). There is strong focus on environmental emissions, but laws are typically lax on specifics (SDGs 14 & 15). There is also a lack of incentives encouraging companies to focus on good governance, i.e. investing in the local community and contributing to welfare of the workforce (SDG 8). This indicates that the US needs to work towards a broader set of laws, which encourage good governance and help remedy and prevent environmental damage.