EMA Applauds Senate Permitting Reform Bill That Clears Path for Industrial Minerals Mining

Arlington, VA, Sept. 30, 2026 — The Essential Minerals Association (EMA) today welcomed Senate introduction of the Bipartisan American Affordability and Jobs Act of 2026, a comprehensive permitting reform package that would give mineral producers the certainty they need to build, operate, and supply the materials Americans rely on every day. The bill was introduced by Senators Shelley Moore Capito (R-W.Va.) and Sheldon Whitehouse (D-R.I.), the Chairman and Ranking Member of the Senate Environment and Public Works Committee, and Senators Mike Lee (R-Utah) and Martin Heinrich (D-N.M.), the Chairman and Ranking Member of the Senate Energy and Natural Resources Committee.

"Every product on a store shelf depends on minerals, and every mineral depends on a permit," said Matt Dermody, Associate Vice President for Government Affairs at EMA. "This bill fixes real problems our members face — from the Rosemont decision to minerals locked up on acquired federal lands to historic preservation reviews with no finish line. It also includes much-needed judicial reforms to address frivolous litigation that often delays projects even longer than permitting does. We thank Senators Capito, Lee, Whitehouse, and Heinrich for their bipartisan leadership and urge the Senate to move this bill forward."

The legislation includes two mining bills EMA supports:

Mining Regulatory Clarity Act: Lets mine operators locate as many five-acre mill sites as are reasonably necessary for waste rock, tailings, and other support operations within an approved plan of operations. This closes the gap created by the Ninth Circuit's 2022 Rosemont decision, which held that mining claims are only allowed where mineral validity has been established, leaving operators without a clear path for essential support facilities. Mill site fees would fund cleanup through a new Abandoned Hardrock Mine Fund.

MERICA Act: Amends the Mineral Leasing Act for Acquired Lands so hardrock minerals, expressly including industrial minerals, can be leased on lands the federal government has acquired. Today there is no path to mine these deposits at all.

The bill also brings long-overdue discipline to National Historic Preservation Act (NHPA) consultations. It requires consultation to begin when the NEPA environmental review begins and wrap up when that review is completed, sets firm deadlines for responses, and clarifies the definitions of "adverse effect" and "area of potential effects" so reviews focus on actual impacts within the scope of the federal action.

The legislation judicial reform provisions include a statute of limitations of 150 days following an environmental document being made public and limits standing to those entities who participated in the public comment process and who have or will suffer direct harm. The bill also removes the ability of courts to vacate an entire environmental review based on small deficiencies, thus allowing agencies to fix issues without having to start over.

EMA urges full passage of this bill in the Senate and urges the House to take up the legislation so it can be passed during this congressional session.

The Essential Minerals Association (EMA) is a trade association representing industrial mineral producers in New York State and North America. EMA's membership includes producers of salt, anthracite, talc, bentonite, calcium carbonate, kaolin, silica, soda ash, zinc, and other critical minerals, as well as equipment manufacturers, transportation companies, and exploration-stage companies. For more information, visit essentialminerals.org.

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