Could Justice40 reproduce injustices in the critical mineral sector?

Abstract

The United States is reprioritizing domestic extraction and processing of critical minerals, with billions of dollars of investments. Because of their uses in low-carbon technologies, the mining and processing of these resources falls under the scope of the Justice40 Initiative, the Biden administration’s flagship environmental justice policy. Justice40 prioritizes green investments to benefit communities deemed disadvantaged, including all recognized Tribes. This can lead to the siting of “green” mineral projects in disadvantaged communities (DACs), which is problematic if such projects are unwelcome or reproduce environmental injustices. These unintended consequences are our focus. We analyze how DACs are defined and operationalized, before examining whether and under what conditions critical mineral projects could be considered beneficial for local communities. We suggest three ways to better align Justice40’s spirit with its (currently problematic) application to critical minerals and other controversial projects – (1) centering free, prior, and informed consent (FPIC) and the transparency and power restructuring needed to achieve it; (2) incentivizing community ownership to strengthen economic benefits and democratize decision making; and (3) bringing currently-exempted critical mineral activities within the purview of Justice40, particularly for the Department of Defense.