By: Grayson Barlow
In the wake of the Bipartisan Infrastructure Deal and the Inflation Reduction Act, that passed nine months later, the United States government and the private sector have joined forces to accelerate the adoption of electric vehicles (EVs) to promote sustainable energy solutions. Since then, two pivotal developments are currently shaping the nation’s path to a cleaner, greener future. The first being the establishment of a groundbreaking EV charging network by a coalition of seven major automakers. The second being the Ninth Circuit’s ruling in W. Watersheds Project v. McCullough, a decision that allows the Thacker Pass lithium mine to proceed with a promise to offer a significant boost to domestic lithium production and the EV industry. Yet, beneath these promising strides lies an underlying question: To what extent are we prepared to stretch our ethical boundaries in the pursuit of clean energy?
The recently created joint venture, comprising automotive titans BMW, GM, Honda, Hyundai, Kia, Mercedes-Benz, and Stellantis, has embarked on a mission to create an extensive North American electric vehicle charging network. This collaborative initiative aims to parallel the success of Tesla’s acclaimed Supercharger network by deploying over 30,000 new charging stations nationwide, providing EV consumers the ability to charge their vehicle, regardless of the automaker emblem on the hood. In other words, these charging stations will accommodate both Tesla’s North American Charging Systems (NACS) and the Combined Charging System (CCS) used by other automakers, ensuring compatibility across the majority of current and future electric vehicle models.
To grasp the transformative potential of this undertaking, it is essential to understand the historical developments leading to this coalition. The Tesla charging connector, with over 20 billion charging miles to its name, has been the most prominent and reliable in North America. Two perennial concerns raised in electric vehicle consumers are: (1) the proximity to the next charging station; and (2) the speed of charging. On both fronts, Tesla’s Supercharger network has taken the gold medal. Their commitment to a sustainable future was further evidenced in November 2022 when the company open-sourced their NACS connector design to the world. Put simply, this charger is the equivalent to a universal phone charger, no matter the manufacturer. Presently, this open-sourced NACS connecter has resulted in a seismic shift in electric vehicle accessibility. There is now a landscape for consumers to easily, and swiftly, charge their vehicles without scouring for the proper charger to match their vehicle’s manufacturer.
Highlighting the momentum behind this movement, Honda and its luxury division, Acura, have embraced the NACS in a separate deal. They’ve committed to integrating this standardized port into their upcoming EV models beginning in 2025. In the interim, both brands will feature the CCS port, with an eye on enabling future compatibility with NACS through a dedicated adapter. Importantly however, Honda’s pledge to NACS doesn’t sideline its role in the overarching joint venture, which remains laser-focused on working with the other automobile giants to create a robust national EV charging framework for all.
With the surge in electric vehicle adoption combined with this new joint venture that seems to foreshadow “fair-play” for the greater good of clean energy, a critical variable that has been missing from the equation is the ability to domestically manufacture the batteries that power the eco-friendly vehicles. The recent approval by the Ninth Circuit Court in W. Watersheds Project v. McCullough to allow construction at the Thacker Pass lithium mine represents a pivotal moment for the United States. This mine, located on the Nevada-Oregon border, is home to what is believed to be the nation’s largest lithium deposit, and expected to rank in as the world’s third largest.
What sets Thacker Pass apart is its vast lithium reserves, hidden beneath the remnants of a prehistoric supervolcano, the McDermitt Caldera. The main ingredient for EV batteries, lithium, is in abundance here, with particular focus on high-grade illite clay minerals, containing double the lithium concentration compared to other regions within the caldera.
The federal appeals court’s decision to uphold the Bureau of Land Management’s (BLM) approval of the Thacker Pass lithium mine has caused mixed reactions from environmentalists, and Native American tribes—including the Reno-Sparks Indian Colony, Burns Paiute Tribe, and the Summit Lake Paiute Tribe. They challenge the mine due to concerns about the destruction of ancestral lands and sacred sites, as well as critical habitats for species like the pronghorn deer, and sage grouse habitat. While environmental concerns persist, proponents view this ruling as a significant step toward bolstering domestic lithium production, a crucial component for EV batteries.
The Ninth Circuit ruling aligns with the Biden Administration’s ambitious goals of reducing greenhouse emissions by 50% by 2030 and establishing a strong domestic EV supply chain. This decision is poised to meet the surging demand for lithium, an essential resource for EV batteries. However, it raises a complex dilemma: the potential precedent for fast-tracking environmentally impactful projects in the name of the green transition, potentially compromising environmental standards and cultural preservation.
On one hand, clean energy is the leading path forward if we stand any chance to mitigate the effects of the climate crisis, however, how far are we willing to compromise ethics? Alternatively, if nothing is done, the United States risks losing strength as a global leader by allowing other nations to strongarm our supply chains. Without a domestic supply of lithium, the nation will have little control of battery production. Without control of battery production, we will be forced to rely on other nations for EV production.
With the Ninth Circuit setting a precedent that prioritizes the end goal will justify the means, what will be left of our environment once we achieve our green goals? The appeals court reasons that the BLM was not arbitrary, capricious, or otherwise not in accordance with law in complying with the Federal Land Policy and Management Act’s mandate to prevent unnecessary degradation of the lands under 43 U.S.C.S § 1732(b). The Ninth Circuit acknowledged that the BLM’s adherence fully complies with Nevada’s Division of Environmental Protection standards with respect to maintaining water quality and quality of wildlife.
The Thacker Pass mine, projected to commence lithium production by the end of 2026, holds the promise of supporting the annual production of lithium for over 1.5 million electric vehicles for forty years. While the Ninth Circuit’s ruling may be seen as a setback for environmentalists and tribes seeking to block the mine, it signifies a significant milestone in the ongoing debate about the environmental and cultural impacts of lithium mining within the context of the clean energy transition. While our nation is now one step closer to achieving a greener future, mitigating our reliance on international supply chains and bolstering our own internal economic boom, this ruling tips the scale in favor of doing whatever it takes to reach a green future, no matter the cost.
With billions of dollars are already invested in these pivotal ventures, the Thacker Pass mine’s approval coupled with automakers’ collaborative efforts, holds the key to a sustainable future accessible to all. Nonetheless, these developments underscore the delicate balance between meeting the escalating demand for critical minerals like lithium, the importance of a robust national EV charging station framework, and the pressing need to address environmental and cultural preservation concerns. The United States stands at a crossroads, navigating the transition to a sustainable future while confronting the challenges that come with it.
Student Bio: Grayson Barlow is a third-year law student at Suffolk University Law School set to graduate in May 2024. Grayson is receiving a dual degree with his masters in taxation through Suffolk’s Tax LLM program. Although a third year, Grayson was given the opportunity to be a staff member for the Journal of High Technology Law, where he aims to refine his legal writing and research abilities while enjoying the ride along the way.
Disclaimer: The views expressed in this blog are the views of the author alone and do not represent the views of JHTL or Suffolk University Law School
