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About the Course
Introduction
This CLE webinar will examine the U.S. federal and state environmental and permitting framework governing the exploration, extraction, and processing of critical minerals and ores like lithium, cobalt, nickel, graphite, and rare earth elements. The panel will review how the Mining Law of 1872, FLPMA, NEPA, CWA/CAA, CERCLA, et alia, apply to modern critical mineral projects on federal and state lands.
Description
The program will analyze how federal agencies implement recent permitting reforms, FAST-41 streamlining, and critical mineral directives designed to accelerate domestic supply while maintaining environmental protection and community engagement.
Project developers, investors, and mineral rights holders face continued scrutiny over water impacts, tailings and waste rock management, tribal consultation, cultural resource concerns, and compliance with evolving federal and state requirements.
Counsel advising clients must navigate complex permitting pathways, manage litigation risk, and anticipate how mining law modernization efforts, critical mineral prioritization, and federal funding tools influence project strategy.
Listen as our panel of environmental and natural resources practitioners provides a practical discussion on permitting, environmental compliance, and risk management for critical mineral projects in the United States.
Presented By
Mr. Busboom is a forward-thinking corporate and transactional attorney who serves as the chair of Womble Bond Dickinson’s renewable energy group. With a focus on the energy transition, he supports companies and investors navigating complex energy, natural resource, supply chain, and environmental matters. Mr. Busboom's extensive experience within project permitting, real property, engineering/construction, material supply, and offtake business sectors underscores his deep understanding of the interconnectedness of the ever-evolving energy industry. His practice is centered on structuring and negotiating transactions across a spectrum of innovative and traditional energy matters. Drawing on more than 15 years of experience in the environmental, engineering, and energy industries, Mr. Busboom also provides strategic counsel on general operational, regulatory, and developmental matters, including environmental diligence, risk mitigation, permitting, compliance, and resolving administrative disputes or enforcement actions.
Mr. Doig is a practical and solutions-focused environmental attorney. He works on all aspects of complex natural resource development projects, including permit development, compliance, administrative appeals, litigation, and remand. Mr. Doig has extensive experience with permitting and compliance issues under both the Clean Water Act and Clean Air Act and corresponding state laws. He has also overseen site cleanup under the Comprehensive Environmental Response, Compensation, and Liability Act and the Resource Conservation and Recovery Act for sites across Alaska. Before joining Stoel Rives, Mr. Doig was a senior assistant attorney general and assistant attorney general with the Alaska Department of Law, Environmental Section.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Tuesday, February 10, 2026
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Introduction: federal lands and mining framework
A. Mining Law of 1872, FLPMA, federal land use and plans of operation
II. NEPA and federal environmental review
A. EA/EIS processes, timelines, litigation risk
III. Core environmental statutes affecting critical mineral projects
A. CWA, CAA, RCRA, CERCLA, and related requirements
IV. Federal initiatives and permitting reform
A. Critical mineral prioritization, FAST-41, DPA, mining law modernization
V. Water, waste, and reclamation issues
A. Water quality, tailings, waste rock, bonding, closure
VI. Tribal, cultural, and community considerations
VII. Practical strategies
A. Permitting pathways, compliance planning, risk management, due diligence
VIII. Practitioner takeaways
The panel will discuss these and other key topics:
- The legal framework governing critical mineral exploration and mining on federal lands, including plans of operation and land use planning
- Applying CWA, CAA, RCRA, CERCLA, and related regulations to mineral projects
- Federal initiatives including critical mineral designations, FAST-41, Defense Production Act prioritization, and mining law reform affect permitting timelines and litigation exposure
- Managing water quality, tailings, waste rock, and closure/reclamation issues at critical mineral mines and processing plants
- Tribal consultation, cultural resources, land use conflicts, and community impacts affecting permitting and litigation risk
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