Department of Energy Seeks Input on Opening Legacy Critical Mineral Inventories for Industry Use
On 18 September 2026, the Department of Energy (DOE) released an Expression of Interest (EOI) seeking input from US industry and the general public on the transfer of surplus critical minerals, rare earth elements, and other materials from Office of Environmental Management (EM) cleanup sites. The materials, left over from past government-sponsored energy research and nuclear weapons production, are located at five different EM cleanup sites nationwide—Paducah in Kentucky, Portsmouth in Ohio, Oak Ridge in Tennessee, Moab in Utah, and the Nevada National Security Site (NNSS).1
The EM sites included in the EOI contain inventories of aluminum, cesium-137, chloride, copper, fluorine, lead, lithium hydride, platinum, selenium, silver, tungsten, and vanadium.2 The mineral inventories available at Paducah, Portsmouth, and Oak Ridge are processed, while those at Moab and NNSS would likely require further processing for industrial use.3 Transportation would remain the responsibility of the interested party; however, several of the sites are located along major ground transportation corridors.4 At all the relevant sites, material contamination, especially radiological contamination, will pose a substantial obstacle to mineral recoverability.5
DOE’s initiative to potentially release legacy material inventories is intended to support advanced technology and manufacturing, alternative energy, and defense industries by reinforcing domestic supply chains.6 The DOE announcement called the EOI “the first step” towards using the “surplus materials at [EM] sites” for “supporting jobs, strengthening our industrial base and advancing the administration’s energy and national security priorities.”7
A number of the critical minerals and materials listed in the EOI are essential resources for the production of computer chips, semiconductors, motors, energy storage infrastructure, and other vital and emerging technologies.8 The United States remains heavily dependent on foreign critical mineral imports, in particular those from China; China alone supplies over 50% of US demand for 21 nonfuel mineral commodities.9
The deadline for submitting comments to the Department of Energy is 2 November. For additional information, please see here.
The firm’s Critical Minerals industry group and Public Policy and Law practice group are closely monitoring developments impacting critical mineral supply chains and government support for advanced domestic manufacturing. They are available to assist any interested parties with navigating this crucial and rapidly evolving policy and regulatory environment.
We acknowledge the contributions to this publication from our Lloyd Meeds Policy Fellow Aidan Green.
This publication/newsletter is for informational purposes and does not contain or convey legal advice. The information herein should not be used or relied upon in regard to any particular facts or circumstances without first consulting a lawyer. Any views expressed herein are those of the author(s) and not necessarily those of the law firm's clients.
