Last week, President Biden invoked the Defense Production Act (“DPA”) to expand domestic production of certain critical minerals involved in the manufacture of large capacity batteries.  The five minerals specifically identified in the President’s memorandum are lithium, nickel, cobalt, graphite, and manganese.

The DPA allows the President to expedite and expand the supply of materials

Late yesterday evening, President Trump declared a national emergency concerning the United States reliance on imports of certain “critical minerals.” The Executive Order directs a number of federal agencies, to take certain actions in the coming weeks and months to address what the order describes as “undue reliance on critical minerals” imported from “foreign adversaries.”