Seneca Center for Energy and Critical Minerals Policy

Section 1 — What Are Critical Minerals?

The Materials That Run
the Modern World

The federal government designates certain materials as “critical” based on two factors: they are essential to economic or national security, and they are vulnerable to supply disruption. The official list — maintained by the U.S. Geological Survey and updated regularly — currently includes more than 50 minerals.

These are not exotic academic classifications. They are the functional inputs to weapons systems, power grids, communications infrastructure, and every piece of advanced manufacturing the United States depends on to remain competitive and secure. Without them, defense programs stall, industrial production stops, and strategic leverage shifts to whoever controls the supply chain.

Today, that leverage sits primarily in Beijing.

Critical minerals policy is not climate policy. It is security policy. The military, the industrial base, and the grid all depend on minerals the United States currently does not control.

Why Supply Disruption Matters

The United States imports a significant share of its critical mineral supply — and for many of the most strategically important materials, that dependence runs through China’s processing sector. China doesn’t need to own every mine to control the supply chain. It controls processing, separation, and refining for rare earth elements at approximately 85% of global capacity.

That means even minerals mined elsewhere — in Australia, Brazil, or the United States — often travel to China for processing before returning as usable industrial inputs. The mine is a starting point. The processor is the chokepoint.

China demonstrated its willingness to use that leverage in April 2025, when MOFCOM Announcement No. 18 imposed export controls on seven heavy rare earth elements — including yttrium, terbium, and dysprosium — that are essential to permanent magnets used in defense systems and electric motors.

Section 2 — The Minerals

What’s on the List
and Why It Matters

The USGS critical minerals list covers a range of materials with vastly different supply risk profiles. Below are key minerals most relevant to West Virginia’s development opportunity and national security posture.

REE
Rare Earth Elements
Permanent magnets (Nd, Dy, Tb), phosphors, catalysts, defense electronics, wind turbines, EV motors
Critical
Nd
Neodymium
NdFeB permanent magnets — F-35 actuators, submarine sonar, precision-guided munitions, EV drive motors
Critical
Dy
Dysprosium
High-temperature magnet performance retention — essential for military motors operating in extreme conditions
Critical · MOFCOM-controlled
Tb
Terbium
Solid-state lighting, sonar transducers, naval fuel cells; ~$900/kg and rising under MOFCOM controls
Critical · MOFCOM-controlled
Y
Yttrium
Microwave filters, superconductors, jet engine coatings; shipments down ~50% since MOFCOM No. 18
Critical · MOFCOM-controlled
Li
Lithium
Battery anodes — military communications, EV propulsion, grid storage; processing dominated by China
High Supply Risk
Co
Cobalt
Battery cathodes, jet engine superalloys — 70%+ of global supply from DRC; processing via China
High Supply Risk
Mn
Manganese
Steel alloys, battery chemistry, aluminum production; U.S. produces virtually none domestically
High Supply Risk
Sc
Scandium
Aluminum-scandium alloys for aerospace and defense; recoverable from Appalachian coal ash at meaningful concentrations
Elevated Risk · WV Opportunity
Why West Virginia

Rare earth elements — particularly the heavy REEs now under MOFCOM export controls — are present in recoverable concentrations in Appalachian coal seams, coal ash, and acid mine drainage streams. West Virginia is not starting from zero. It is sitting on material that has already been characterized, partially processed, and proven at pilot scale.

Section 3 — West Virginia’s Strategic Position

Three Decisive Advantages
No Other State Can Replicate

West Virginia is not starting from scratch on critical minerals. It already possesses three structural advantages that most domestic mineral development proposals lack entirely.

I
Coal and Coal Byproducts

Decades of coal production have created vast volumes of coal refuse, coal ash, and acid mine drainage solids — materials now proven to contain recoverable concentrations of rare earth elements and critical minerals, often at grades comparable to traditional ore bodies.

Unlike new mines requiring years of permitting, exploration, and infrastructure development, these resources are already extracted, already permitted in many cases, and already located near rail, river, and power infrastructure.

WVU REEF pilot: >90% purity, >60% recovery from coal-derived feedstocks
II
Geology That Cooperates

The Appalachian Basin’s geology favors mineral concentration in coal seams and associated strata. Research conducted with DOE support has repeatedly confirmed economically meaningful concentrations of REEs in Central Appalachian coalfields — including southern West Virginia.

This is not speculative exploration. It is systematic characterization of known material at known sites with known infrastructure access.

DOE NETL and WVU have documented REE concentrations across multiple WV county sites
III
Industrial Know-How

West Virginia has a skilled extractive workforce, heavy equipment capability, materials handling infrastructure, and environmental management experience accumulated across generations of resource development. These are not theoretical assets.

The people, plants, and systems needed to scale critical mineral recovery from coal byproducts already exist in West Virginia. They need investment and policy alignment — not recruitment from scratch.

Same workforce, same infrastructure, extended economic life — not replacement
The Strategic Framing

West Virginia is a strategic materials state, not a legacy economy. The question is not whether the state has the resources and capability to contribute to domestic critical mineral supply. It does. The question is whether federal and state policy will align to enable it before the November 10, 2026 MOFCOM truce expiration makes the urgency academic.

Section 4 — Coal Byproducts as Strategic Resources

From Liability to Asset

For years, coal ash ponds and refuse piles have been treated solely as environmental liabilities — regulatory obligations to be managed, capped, and remediated at cost. That view is outdated. With modern separation technologies, these materials become domestic sources of strategic minerals, revenue-generating industrial inputs, and opportunities for reclamation paired with economic return.

Coal Byproduct Types and REE Potential

ByproductREE ConcentrationStatus
Coal fly ash300–900 ppm total REEPilot-proven recovery
Coal refuse / gob200–600 ppm total REECharacterization complete
Acid mine drainage (AMD) solidsUp to 2,000+ ppm total REEHighest concentration source
Coal bottom ash100–400 ppm total REEEarly characterization
Coal combustion residuals (CCR)Varies by plant and basinSite-specific analysis needed

Acid mine drainage solids — the iron-rich precipitates that form when AMD treatment systems neutralize acidic water from abandoned mines — represent the highest-concentration REE source and simultaneously address a legacy environmental liability. Recovering minerals from AMD streams turns a cost center into a revenue generator.

Benefits of Byproduct Recovery

  • Reduce long-term remediation costs — mineral recovery revenue offsets reclamation expense
  • Shrink foreign dependence — domestic REE supply that doesn’t require new mine development
  • Extend coalfield community economic life — existing workforce and infrastructure, new revenue stream
  • Pair with EPA CCR compliance — byproduct recovery programs can be structured within existing CCR closure frameworks
  • Faster timeline than greenfield mining — materials are already above ground, infrastructure already in place
  • No new surface disturbance — political and regulatory pathway significantly smoother than new mine permitting

Recovering critical minerals from coal byproducts is reclamation with purpose — it addresses the environmental liability and produces strategic national security value simultaneously. That is a policy argument that should cross partisan lines.

Section 5 — National Security Implications

Every System That Matters
Depends on These Minerals

Every turbine, missile guidance system, and advanced battery depends on minerals the United States largely does not control. The defense implications are not hypothetical. The U.S. military’s estimated REE inventory sits at approximately two months of consumption. That is not a stockpile. It is a vulnerability.

Senate Armed Services Committee hearings in 2026 have documented the exposure. Yttrium shipments from China are down approximately 50% since MOFCOM Announcement No. 18. Terbium metal is approaching $1,100/kg — 1.5 to 3 times more expensive than before the controls. Manufacturers of permanent magnets for defense systems are paying that premium because they have no alternative.

The November 10, 2026 expiration of the suspended MOFCOM truce provision — when the 0.1% extraterritoriality clause could activate globally — is a hard deadline, not a background concern. Every supply chain touching Chinese-origin REEs would be affected.

Systems at Risk Without Domestic REE Supply

  • F-35 Joint Strike Fighter — requires rare earth alloys in actuators, electronics, and radar systems
  • Virginia-class submarines — sonar systems use terbium-based transducers
  • Precision-guided munitions — NdFeB magnets in guidance systems
  • DDG-51 destroyers — electric drive systems require permanent magnet motors
  • Patriot missile systems — radar and guidance components with REE inputs
  • Commercial aircraft engines — high-temperature alloys with REE additions
  • Grid infrastructure — large permanent magnet generators in offshore wind, critical grid equipment

The Domestic Production Argument

Domestic production from coal-related sources shortens supply chains, reduces exposure to geopolitical coercion, and keeps processing and value-added activity onshore. The Appalachian REE-from-coal pathway is not a distant aspiration — the WVU REEF pilot has demonstrated it at scale with greater than 90% purity.

What it lacks is a federal offtake commitment that converts pilot-scale demonstration into commercial investment. That commitment requires DOD procurement signaling, Senate Armed Services engagement, and Seneca Center technical documentation. The window is 172 days from May 2026.

Section Bottom Line

The United States cannot defend itself with minerals it does not control. West Virginia has the geology, the infrastructure, the workforce, and the proven technology to contribute meaningfully to domestic REE supply. The only missing element is policy alignment — and the clock is running.

Section 6 — China’s MOFCOM Controls

The Deadline That Changes
the Calculus

In April 2025, China’s Ministry of Commerce (MOFCOM) issued Announcement No. 18 — export controls on seven heavy rare earth elements: gadolinium, terbium, dysprosium, lutetium, samarium, scandium, and yttrium. These are not the most abundant rare earths. They are the most strategically sensitive — the ones used in high-performance permanent magnets for defense applications.

The controls were partially suspended in October 2025 as part of a truce reached at the Trump-Xi bilateral summit. That truce is scheduled to expire on November 10, 2026. At that point, the suspended 0.1% extraterritoriality provision — which would affect any supply chain anywhere in the world that touches Chinese-origin REEs — could activate.

The Beijing summit of May 2025 did not produce a confirmed extension. The truce remains in force but unextended.

172 days
From May 2026 to November 10, 2026 MOFCOM truce expiration — the Appalachian REE program’s operational window
~50%
Decline in Chinese yttrium shipments since MOFCOM No. 18 took effect
$1,100/kg
Terbium metal price approaching this level — 1.5–3x pre-controls pricing
~85%
China’s share of global rare earth processing — the chokepoint is not mining, it’s refining

Benchmark Mineral Intelligence reports manufacturers paying 1.5–3x more for permanent magnets. If the November 10 extraterritoriality provision activates, the disruption extends from Chinese exports to every supply chain touching Chinese-processed REEs — globally.

The Urgency

One hundred seventy-two days is the Appalachian REE-from-coal program’s window to establish commercial credibility before the November 10 deadline makes the urgency academic. The pilot data exist. The defense demand exists. The infrastructure exists. What the program needs is a federal procurement commitment — and the Seneca Center is positioned to make that case.

Section 7 — Development Pathway

From Coal Ash to Commercial REE:
The Appalachian Pathway

The pathway from Appalachian coal byproducts to commercially viable rare earth elements is not theoretical. Each step has been demonstrated or is underway. What remains is scaling and the federal procurement commitment that makes commercial investment rational.

1
Feedstock Characterization
DOE NETL and WVU have systematically characterized REE concentrations in Central Appalachian coal ash, refuse, and AMD streams. Site-level data across multiple WV counties confirm economically meaningful concentrations. This step is substantially complete.
2
Pilot-Scale Extraction & Separation
The WVU REEF (Rare Earth Extraction Facility) pilot has demonstrated greater than 90% purity and greater than 60% recovery from coal-derived feedstocks. DOE has funded multiple pilot programs at WVU and partner institutions. This step is proven.
3
Commercial Template — Energy Fuels
Energy Fuels (NYSE: UUUU) has achieved commercial Dy and Tb production at White Mesa, Utah — 99.9% purity pilot — with Q4 2026 commercial launch target. This establishes the commercial model for U.S. heavy REE separation that the Appalachian program can adopt.
4
Federal Offtake Commitment
The missing link. Commercial capital will not invest in Appalachian REE processing at scale without a demonstrated federal buyer — DOD, DLA, or a strategic stockpile mechanism. Senate Armed Services engagement and DOD procurement signaling are the required actions. The Seneca Center is positioned to provide the technical briefing materials.
5
Commercial-Scale Appalachian Facility
With feedstock characterized, technology proven, commercial template established, and federal offtake committed, private capital can finance a commercial-scale Appalachian REE separation facility. Colocation with existing AMD treatment infrastructure reduces capital cost and permitting timeline.

The Energy Fuels Model

Energy Fuels’ White Mesa facility in Utah demonstrates what a U.S. commercial REE separation operation looks like. Starting from monazite mineral sands, Energy Fuels achieved 99.9% purity terbium oxide at pilot scale, with Q4 2026 commercial Dy/Tb production as the target.

The Appalachian equivalent starts from coal-derived feedstocks rather than mineral sands — a lower-purity starting point that requires additional processing steps, but one that leverages materials already above ground at hundreds of sites across West Virginia, Virginia, Kentucky, and Pennsylvania.

The WVU REEF program’s >90% purity result from coal-derived feedstocks is the key technical proof point. It demonstrates that the Appalachian starting material — even from diffuse, low-grade coal byproducts — can reach commercial-grade REE purity. Scale is an engineering and investment challenge. The chemistry works.

Colocation Advantages

  • AMD treatment facilities already operate across WV — REE recovery can be integrated into existing treatment trains
  • Coal ash impoundments are subject to EPA CCR closure requirements — mineral recovery revenue helps fund compliant closure
  • Rail access — WV’s coal infrastructure connects directly to export ports and industrial consumers
  • Power availability — coal plant sites with existing grid connections and permitted power supply
Section 8 — The Seneca Center’s Policy Agenda

What Policy Needs to Do

West Virginia does not need to apologize for its resources. It needs policy that treats those resources as the strategic assets they are. The Seneca Center advocates for a specific, actionable policy agenda at both the state and federal level.

Federal & State Policy Alignment
DOE, DOD, and USGS critical mineral programs must be explicitly aligned with Appalachian coal byproduct development pathways. State permitting frameworks for byproduct recovery must be streamlined to match the urgency of the national security timeline. West Virginia HB 5381 provides a state legislative vehicle.
Streamlined Permitting for Byproduct Recovery
Coal ash and refuse pile mineral recovery should be classified as beneficial use under EPA CCR rules — creating a regulatory incentive for operators to pursue recovery rather than pure disposal. Current EPA CCR proceedings provide the immediate vehicle for this policy change. Comment deadline: June 12, 2026.
Domestic Processing Investment
The United States cannot solve its REE dependency by mining more ore that gets shipped to China for processing. Investment must be directed at domestic separation and processing capacity — the refinery, not just the mine. DOD Title III authority and DPA funding mechanisms provide existing legal tools for this investment.
Federal Procurement Commitment
A Senate Armed Services Committee briefing presenting WVU REEF data and framing Appalachian REE production as a defense procurement opportunity — not an environmental reclamation program — is the near-term action that unlocks commercial investment. The Seneca Center is prepared to deliver that briefing.
Coal Infrastructure as Strategic Asset
DOE’s 202(c) emergency authority framework establishes a precedent for treating coal infrastructure as a national security resource. The same logic applies to coal ash impoundments as REE feedstock sources. EPA CCR beneficial use policy must be aligned with DOD supply chain security objectives — two agencies with separate mandates serving the same national interest.
WV HB 5381 Analytical Support
West Virginia House Bill 5381 — the state’s most significant energy legislation in a generation — creates public input milestones where Seneca Center IMPLAN modeling, REE supply chain analysis, and SCU framework data can enter the official record. The Seneca Center’s analytical presence at every milestone is the highest-value state-level engagement available.
Section 9 — Forthcoming Research

What the Seneca Center
Is Building Next

The Seneca Center is developing a suite of critical minerals research products designed to fill specific analytical gaps in the policy debate — providing the data, economic modeling, and legal framework analysis that policymakers, investors, and regulators need to act.

West Virginia Critical Minerals Inventory
Site-by-site characterization of coal ash impoundments, refuse piles, and AMD treatment sites across West Virginia — including REE concentration estimates, volume assessments, and infrastructure access ratings.
In Development — 2026
Economic Impact Modeling — REE Recovery Projects
IMPLAN-based economic impact analysis of commercial REE recovery operations in WV coalfield counties — direct employment, indirect jobs, tax revenue, and multiplier effects across the supply chain.
In Development — 2026
Policy Pathways for State-Led Critical Mineral Development
A comprehensive policy analysis mapping the state legislative, regulatory, and funding mechanisms available under WV HB 5381 and existing state law to accelerate coal byproduct REE development without federal action.
In Development — 2026
Senate Armed Services Briefing Package
A technical briefing document presenting REEF pilot data, Appalachian REE commercial pathway analysis, and defense procurement framework recommendations — formatted for Senate Armed Services Committee staff engagement.
Priority — Q3 2026
AMD-to-REE Pilot Program Analysis
Detailed technical and economic analysis of integrating REE recovery into existing AMD treatment operations in WV — capital requirements, operating economics, and the CCR beneficial use regulatory pathway.
Planned — 2026–2027
MOFCOM Expiration Impact Analysis
A forward-looking analysis of the economic and defense industry impacts of November 10, 2026 MOFCOM truce expiration — supply chain exposure mapping, price impact modeling, and WV production timeline assessment.
Priority — Q3 2026
The Seneca Center’s Position

The minerals are already here. The technology is proven. The national security case is documented. The question is whether policy will catch up before the window closes. The Seneca Center’s job is to make sure it does — with rigorous analysis, actionable recommendations, and a presence in every regulatory and legislative proceeding where West Virginia’s strategic minerals interests are at stake.

Engage on Critical Minerals Policy

Research partnerships, Legislative briefings, regulatory comments, and speaking requests.