Navigating the Legal Landscape: Critical Raw Materials and Their Role in Global Energy Security

Historically, the energy sector focused on securing fossil fuels—oil, gas, and coal—to meet global demands. However, driven by the Paris Agreement and national commitments (NDCs) to carbon reduction, countries are transitioning to renewable energy sources like solar, wind, and geothermal. While these technologies rely on abundant natural resources, they require critical raw materials (CRMs) such as rare earth elements and platinum group metals (PGMs). This introduces new vulnerabilities, as CRMs are costly and their supply is concentrated in a few countries, making renewable technologies less accessible and more expensive.

The growing demand for CRMs has moved their trade to the center of global priorities. International trade plays a key role in bridging the gap between widespread demand and concentrated supply. This reliance on trade is particularly urgent in the short to medium term, as expanding mining and recycling capacities can take years. Global supply chains are highly interconnected, but many CRMs are controlled by a handful of countries, such as China for rare earth elements and the Democratic Republic of Congo for cobalt.

This concentration of supply creates market power dynamics, allowing resource-rich countries to manipulate prices or limit availability, either for economic gain or as a geopolitical bargaining tool. Trade tensions, such as those between the U.S. and China, have already sparked concerns about access to CRMs critical to industries like defense, electronics, and clean energy.

To mitigate risks, several strategies are being pursued:

  • Supply chain diversification through new sources and international partnerships,
  • Increased recycling capacity to ease the demand for newly mined CRMs,
  • Stockpiling reserves to protect against future shortages, and
  • International cooperation to ensure stable and fair access to CRMs.

In the U.S., the Strategic and Critical Materials Stockpiling Act, originally focused on national defense, was expanded in March 2022 to include critical minerals for clean energy technologies. This interagency effort between the Departments of Energy, State, and Defense reflects the growing importance of CRMs for both military and energy needs. Stockpiling these materials stabilizes prices and supports domestic industries, spurring innovation and the development of supply chains for extraction, processing, and recycling.

Similarly, the EU responded with the Critical Raw Materials Act (CRMA) in May 2024, aiming to secure diversified and sustainable CRM supply chains. The Act targets reduced reliance on China by fostering partnerships with resource-rich countries and setting ambitious goals for domestic CRM production—10% from local extraction and 15% from recycling by 2030. Strategic Projects in the EU and beyond will benefit from easier financing and faster permitting processes. The EU will also create a Joint Purchasing Mechanism to aggregate demand and negotiate with suppliers, similar to mechanisms used during the Ukraine crisis.

Growing demand for critical materials calls for better stewardship within a circular economy framework. Both the U.S. and the EU are making significant efforts to secure access to CRMs, essential for their clean energy transitions and broader industrial needs. These policies are critical to building resilient and sustainable supply chains in an increasingly competitive global market.

Dalli Advocates can assist in the energy sector and provides advice on both regulatory and transactional matters.