Sustainable mining reform must be everything, everywhere, all at once

Few people want to live near a mine, yet most of us rely on the myriad products generated from mining, including materials critical to combating climate change. To transition away from fossil fuels and meet global emission reduction goals, we will need a massive increase in manufacturing and deployment of clean technologies, such as batteries for electric vehicles (EVs) and power storage. That means growing demand for minerals like graphite, lithium, nickel and cobalt that are critical to the transition. The World Bank estimates that demand for these materials could increase nearly 500 percent by 2050 to meet worldwide climate goals. 

So how do we ensure that mining for battery minerals happens in a sustainable manner that respects and empowers local and indigenous communities, mitigates local environmental harms and addresses human rights concerns? At UC Berkeley Law’s Center for Law, Energy and the Environment (CLEE), we’ve spent the past year conducting outreach to leading advocates and activists around the globe to ask this question. And the answer points clearly to global action since supply chains are global. Without coordination and strong government regulation, competition will lead battery and auto manufacturers to seek the lowest-cost option.

Fortunately, the increased attention to EVs and the battery supply chain has expanded the coalition interested in addressing this issue. Responsible mining ultimately means a more reliable and secure supply chain, something that addresses the concerns of a diverse range of stakeholders, including national security hawks, rural conservatives seeking local investment and jobs, environmentalists and frontline communities that have all too often shouldered the costs of irresponsible mining. 

Recent laws reflect some of that consensus. For example, in the United States, the Inflation Reduction Act’s EV purchase incentives reward automakers that locate more of their EV battery supply chain domestically, where mining and manufacturing operations often have greater environmental protections and labor standards than many other mineral-producing countries. And in the European Union, a proposed law governing batteries references the widely accepted industry sustainability standard called the Initiative for Responsible Mining Assurance (IRMA). The law’s inclusion of IRMA serves as a strong example for other nations to follow.

But more reform is needed, and it must happen globally. In the United States, several environmental and mining justice organizations are discussing reforms to the U.S. Mining Law of 1872, now over 150 years old and still the primary U.S. federal law governing prospecting and mining. They support the Clean Energy Minerals Reform Act, which would greatly improve governance over U.S. mining, such as by imposing a federal minerals royalty and establishing a Hardrock Minerals Reclamation Fund for the cleanup of abandoned mines. The EU’s aforementioned policy also focuses on battery sustainability throughout the lifecycle, including through the demonstration of responsible sourcing.

These reforms are important steps, but policymakers must ensure that companies do not simply move their mining to jurisdictions with the lowest possible standards. For example, Tesla announced last year that it planned to purchase $5 billion of Indonesian nickel supply for battery manufacturing, despite environmental and carbon intensity concerns arising from that country’s mining processes. That’s why mining reform must happen globally, especially in major mineral-producing countries.

Advocates can help support that global effort by supporting laws that require automakers (and energy storage companies) to source battery minerals from companies and countries that adhere to strict standards to protect local communities, such as IRMA. Advocates and philanthropies can also support local advocates in key mineral-producing countries, by arming them with the resources they need to effect change within their jurisdictions, including via anti-corruption measures such as improved transparency requirements and whistleblower protections. Finally, policymakers can work to reduce the overall demand for new mining, such as through mandates and infrastructure planning for battery reuse and recycling, as well as promote demand reduction through more public transit, walking and biking — an important complement to electrifying transportation.

These steps can ensure that the global challenge of mining abuses is tackled comprehensively. With coordinated global reform, we can fight climate change while mining as sustainably as possible. We simply do not have an alternative if we are serious about tackling the climate crisis in an equitable and humane way.

Ethan Elkind is the director of the Climate Program at UC Berkeley Law’s Center for Law, Energy and the Environment (CLEE) and co-author of the new issue brief, “Global State of Sustainable Electric Vehicle Batteries: Key Recent Accomplishments & Priority Actions for 2023.”