Four recent executive actions build on the Trump Administration’s efforts to secure critical minerals and materials for American national and economic security. Two of the actions create incentives – including tariff relief – for manufacturers to onshore production of aluminum and polysilicon. Another limits defense contractors’ use of waivers allowing them to source certain minerals and products from China and other “non-allied nations.”

Under the Mining Law of 1872 (the “Mining Law”) [2] lode claimants may, in certain circumstances, follow a vein’s downward course beneath neighboring claims. [3] This is known as the “Apex Rule” (herein, the “Rule”) and the rights it bestows upon a claimant are powerful since it (i) entitles miners to extract minerals that stray onto adjoining claims or other public land…