The Nickel Report

On September 18, 2025, the California State Mining and Geology Board (SMGB) voted to initiate pre-rulemaking activities to define the term “critical mineral” under state regulations. The pre-rulemaking activities will use the following draft definition, which was proposed by the SMGB Critical Minerals Committee:

“Critical mineral” means a non-fuel mineral or mineral material that is vital to the economic security and energy transition interests of the State of California, and is vulnerable to supply chain disruption, or serves an essential function in the manufacturing of a domestic product. Such a mineral may also be on current lists of critical minerals or materials designated by the federal government as essential to the economic security or national defense of the United States.

In June 2025, the Board directed the Committee to propose a definition of “critical mineral” for the Board’s consideration.  The Critical Minerals Committee was established in May 2025.

The Board’s draft definition above tracks the US Geological Survey’s framework while expressly reserving room for California-specific priorities. According to the Board’s agenda materials, the definition is intended to support California’s clean-energy transition and provide clearer guidance to local agencies and planners engaged in permitting mining projects. Prior presentations to the Board have emphasized that critical minerals such as lithium, rare earth elements, and boron are vital to national security and clean-energy technologies.

For questions about California’s critical minerals policy and implications for permitting, contact Martin Stratte of Hunton’s Mining and Mineral Processing practice group.