ARTICLE
12 February 2026

EU And US Approaches To Critical Minerals – Executive Summary

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Herbert Smith Freehills Kramer LLP

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The United States and European Union are intensifying efforts to secure resilient supplies of critical minerals essential for clean energy, advanced manufacturing, and national security.
United States Energy and Natural Resources
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The United States and European Union are intensifying efforts to secure resilient supplies of critical minerals essential for clean energy, advanced manufacturing, and national security. Although aligned in strategic goals, the two jurisdictions diverge sharply in strategy.

United States: Direct Intervention and Strategic Control

The US prioritises deregulation, federal funding, and public‑private partnerships to boost domestic extraction, processing, and stockpiling. Measures include significant federal investments, equity stakes in mining projects, and long‑term offtake agreements aimed at de‑risking supply and reducing reliance on foreign—particularly Chinese—sources. Regulatory levers such as tariffs, trade investigations, and CFIUS reviews further reinforce supply chain security.

European Union: Financial Leverage and Global Diversification

The EU's approach centres on financial mechanisms and regulatory influence through the Critical Raw Materials Act. The EU relies on the EIB, EBRD, and strategic partnerships to support mining, processing, and recycling projects, both domestically and internationally. Designation of 47 Strategic Projects and strengthened FDI screening underscore the EU's push for diversified, sustainable, and circular supply chains.

Implications for Industry Participants

Companies must navigate a more interventionist policy environment where geopolitical alignment, compliance with sustainability standards, and the securing of long‑term offtake agreements are increasingly vital. Both jurisdictions present new funding opportunities alongside heightened regulatory expectations.

Why It Matters

Critical minerals are now central to global industrial competitiveness and the energy transition. The evolving US and EU strategies will shape supply availability and investment conditions across the sector. Businesses that align with these policy priorities and adapt to growing government involvement will be best positioned to capitalise on new opportunities.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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