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The document argues against the use of the Defense Production Act (DPA) to subsidize the mining of critical minerals, advocating instead for a circular economy based on recycling and reuse. It demands that if DPA mechanisms are used for metals such as lithium, nickel, and cobalt, the US government must mandate free, prior, and informed consent (FPIC) from Indigenous communities, binding human rights due diligence, and strong anti-corruption measures. The authors emphasize the need to avoid repeating the 'generational trauma' of past government-subsidized mining and suggest the US adopt frameworks similar to the EU Battery Directive.

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  • The undersigned organizations oppose the use of the Defense Production Act (DPA) to subsidize mining, arguing that the demand for critical minerals should instead be met through circular economy solutions such as recycling, reusing, and substitution to reduce extraction reliance.
  • If the DPA is used for sourcing metals—including lithium, nickel, cobalt, graphite, and manganese—the authors demand several reforms: requiring free, prior, and informed consent (FPIC) from Indigenous communities, implementing strong anti-corruption measures (including the 1504 rule of the Dodd-Frank Act), protecting ancestral lands, and establishing independent auditing systems.
  • The document asserts that voluntary certification schemes, such as the Initiative for Responsible Mining Assurance (IRMA), are insufficient and that the US should instead implement binding due diligence requirements aligned with UN Guiding Principles on Business and Human Rights and OECD guidelines.
  • The authors highlight a history of 'generational trauma' caused by government-subsidized mining, citing 19th-century precious metals rushes and 20th-century uranium rushes that disproportionately harmed Indigenous peoples.

Cite the original document

APA
Earthjustice (2022). no DPA for mining sign on letter. https://earthjustice.org/wp-content/uploads/no_dpa_for_mining_sign_on_letter.pdf
Chicago
Earthjustice. no DPA for mining sign on letter. 2022. https://earthjustice.org/wp-content/uploads/no_dpa_for_mining_sign_on_letter.pdf.
Wikipedia
{{cite press release |author=Earthjustice |title=no DPA for mining sign on letter |date=16 May 2022 |url=https://earthjustice.org/wp-content/uploads/no_dpa_for_mining_sign_on_letter.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}
BibTeX
@misc{earthjustice2022dpa, author = {{Earthjustice}}, title = {{no DPA for mining sign on letter}}, publisher = {Earthjustice}, year = {2022}, month = may, url = {https://earthjustice.org/wp-content/uploads/no_dpa_for_mining_sign_on_letter.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }

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