Trash to Treasure: Examining Legislation to Support Domestic Critical Mineral Recovery and Recycling

Defense Posture and Global ThreatsHouse Energy and Commerce Subcommittee on Environment · June 24, 2026 · 119th Congress
The House Energy and Commerce Subcommittee on Environment held this legislative hearing to examine seven bills and discussion drafts aimed at recovering critical minerals from waste streams already in the United States, including battery recycling and cleanup of legacy mine sites. Begins at ▶ 0:13:35
Transcript
Highlights

Title

Legislation to expand critical mineral recovery from batteries and mine waste

Purpose

The House Energy and Commerce Subcommittee on Environment held this legislative hearing to examine seven bills and discussion drafts aimed at recovering critical minerals from waste streams already in the United States, including battery recycling and cleanup of legacy mine sites. Witnesses from battery recycling, mineral remediation, environmental law, and environmental advocacy testified on how RCRA regulations, particularly the classification of "black mass" as solid waste, affect the domestic recycling industry's competitiveness with China. Members discussed the BRACE Act, the CHARM Act, and the Legacy Mine Cleanup Act, among other proposals. Begins at▶ 0:13:35

Who spoke

• Chairman Bill Cathey Palmer (R-AL)▶ 0:13:35: Opened by noting the U.S. is entirely reliant on imports for 13 of 60 critical minerals▶ 0:15:47 and outlined seven bills to remove barriers to domestic recycling▶ 0:16:19; later pressed Klanecky and Buckingham on banning exports of e-waste and battery scrap to nonaligned nations▶ 2:02:36.

• Rep. Paul Tonko (D-NY), Ranking Member▶ 0:18:27: Voiced concerns about codifying Trump executive orders but support for recovery efforts▶ 0:18:27; pushed for a national product stewardship/extended producer responsibility program for batteries▶ 0:20:29; later questioned Dr. Dunn and Klanecky on state-level EPR benefits▶ 0:59:25.

• Rep. Brett Guthrie (R-KY), Full Committee Chairman▶ 0:22:16: Described the subcommittee's history of hearings on coal ash, electronics recycling, and environmental law modernization▶ 0:22:46; later questioned Goldberg and Klanecky on EPA's solid-waste classification process for black mass▶ 1:04:23.

• Rep. Frank Pallone (D-NJ), Full Committee Ranking Member▶ 0:25:31: Cited $7.9 billion in the Bipartisan Infrastructure Law for battery materials processing▶ 0:27:20; opposed H.R. 3059 and H.R. 4370 as deregulatory but supported the Legacy Mine Cleanup Act (H.R. 3717)▶ 0:28:35.

• Mr. David Klanecky, President & CEO, Cirba Solutions▶ 0:30:42: Said his company recovers over 90% of critical minerals from processed lithium-ion batteries▶ 0:31:08; said China controls 70–90% of global critical mineral processing and 80% of black mass shredding capacity▶ 0:32:09▶ 0:35:25; urged the BRACE Act exclude black mass from the definition of solid waste▶ 0:35:25.

• Mr. Greyson Buckingham, Co-Founder, President & CEO, DISA Technologies▶ 0:37:41: Described DISA's high-pressure slurry ablation technology, NRC-licensed to remediate abandoned uranium mine waste, which cut contamination over 90% and waste volume up to 83% at 60–70% lower cost than hauling▶ 0:41:08; cited 523 abandoned uranium mines on the Navajo Nation with 85% of homes contaminated▶ 0:40:08.

• Dr. Jessica Dunn, Scientist, Union of Concerned Scientists▶ 0:43:25: Said recycled materials could meet up to 50% of future U.S. lithium, cobalt, and nickel demand by 2050▶ 0:43:47; cited Colorado's EPR law and EU minimum recovery rates (90% nickel/cobalt, 80% lithium)▶ 0:45:18▶ 1:57:58; warned the BRACE Act's deregulatory approach, especially exempting black mass from solid-waste status, would remove fire, spill, and storage safeguards▶ 0:47:00.

• Mr. Aaron Goldberg, Principal, Beveridge & Diamond, P.C.▶ 0:47:56: Explained RCRA rules predate lithium-ion batteries and classify them and black mass as waste rather than valuable resources▶ 0:48:54; identified three specific regulatory obstacles—off-site storage requirements, black mass classification, and land-disposal restrictions on non-hazardous residues▶ 0:49:46; said the BRACE Act is "a useful start" but needs revisions▶ 0:51:46.

• Rep. Bob Latta (R-OH)▶ 0:53:38: Asked Buckingham how EPA could incentivize mineral recovery during site remediation rather than "bury and forget"▶ 0:53:39; Buckingham noted about 15,000 abandoned uranium mine sites and 3 billion tons of overburden material sitting on the surface▶ 0:54:36.

• Rep. Raul Ruiz (D-CA)▶ 1:19:31: Represents the Salton Sea "Lithium Valley" region; pressed Dr. Dunn on ensuring host communities are not harmed by development, citing elevated asthma and nosebleed ER visits in North Shore and Imperial County▶ 1:20:53; secured her agreement that fast-tracking NEPA/CEQA reviews should not occur▶ 1:22:38.

• Rep. John Joyce (R-PA)▶ 1:24:53: Asked Buckingham how treating waste as recoverable value strengthens mineral supply, and noted the U.S. imports 97% of its uranium▶ 1:26:50; asked Klanecky about the "path of least resistance" of shipping waste abroad▶ 1:27:45.

• Rep. Scott Peters (D-CA)▶ 1:29:31: Noted a proposed 40% cut to DOE's Office of Critical Minerals and Energy Innovation Program in the FY2027 Energy and Water appropriations bill▶ 1:31:17; asked Buckingham which provisions of the bills he most supports▶ 1:33:42.

• Rep. Mariannette Miller-Meeks (R-IA)▶ 1:34:37: Asked Goldberg how much of the current regulatory struggle stems from never updating assumptions from the 1980s-90s▶ 1:35:48; asked about the aluminum recycling gap, citing a $1–2 billion annual economic loss▶ 1:38:11.

• Rep. Nanette Barragán (D-CA)▶ 1:39:30: Asked Buckingham what safeguards should accompany the Legacy Mine Cleanup Act▶ 1:39:57; asked Klanecky how consumers benefit from battery recycling through lower device costs▶ 1:40:52.

• Rep. Nick Langworthy (R-NY)▶ 1:44:27: Asked Klanecky about the biggest barriers to recovering minerals from legacy sites and the impact of a hypothetical Chinese export restriction, noting the U.S. imports over 60% of the batteries it needs▶ 1:47:09.

• Rep. Darren Soto (D-FL)▶ 1:49:41: Discussed Florida's 20% EV/hybrid vehicle share and the Mountain Pass mine in California as the only major U.S. rare-earth processing site▶ 1:50:05; asked Klanecky and Dr. Dunn how used lithium-ion batteries should be classified▶ 1:51:57.

• Rep. Robert Menendez Jr. (D-NJ)▶ 1:54:52: Highlighted New Jersey's first-of-its-kind 2024 EPR law for EV batteries▶ 1:55:15; asked Dr. Dunn how minimum mineral recovery rates paired with EPR shield recyclers from price volatility▶ 1:58:24.

Key moments

• Klanecky said China controls an estimated 70–90% of global critical mineral processing and about 80% of the world's black mass shredding capacity▶ 0:32:09▶ 0:35:25.

• Buckingham said the EPA's own treatability study found DISA's technology recovers over 90% of uranium and vanadium while shrinking waste volume by up to 83% at 60–70% lower cost than hauling material off-site, but the agency's economics did not account for the value of recoverable minerals▶ 0:55:50▶ 0:56:10.

• Sharp disagreement over the BRACE Act: Klanecky and Goldberg argued classifying black mass as "solid waste" imposes costly, unnecessary regulatory burdens▶ 0:34:57▶ 0:50:07, while Dr. Dunn countered that removing black mass from solid-waste status "removes the environmental oversight necessary to control heavy metals and other contaminants"▶ 0:47:00.

• Dr. Dunn testified peer-reviewed research shows recycled materials could meet up to 50% of future U.S. lithium, cobalt, and nickel demand for EVs by 2050▶ 0:43:47.

• Buckingham cited 523 abandoned uranium mines on the Navajo Nation, with an estimated 85% of homes contaminated with uranium and generations of families facing elevated cancer and kidney disease risk▶ 0:40:08.

• Rep. Ruiz pressed Dr. Dunn to affirm that energy security and public health protections "are not competing goals" and that streamlining permitting should not mean bypassing NEPA or California's CEQA▶ 1:21:17▶ 1:22:38.

• Klanecky said the U.S. imports over 60% of the batteries it needs, meaning a Chinese export restriction would significantly impact the defense, automotive, grid storage, and data center industries▶ 1:47:09.

• Dr. Dunn cited EU standards requiring 90% recovery of nickel and cobalt and 80% recovery of lithium from batteries, also being adopted in Colorado▶ 1:57:58.

• Pallone noted the Bipartisan Infrastructure Law included $7.9 billion for battery materials processing, manufacturing and recycling, while criticizing H.R. 3059 and H.R. 4370 as going too far toward deregulation▶ 0:27:20▶ 0:28:05.

• Chairman Palmer asked all four witnesses whether the U.S. should ban export of recyclable e-waste and battery scrap to nonaligned nations; Klanecky called it a "number one priority," while Goldberg noted China has taken the position that black mass meeting certain standards is not a waste at all, creating a competitive disadvantage for the U.S.▶ 2:02:55▶ 2:04:50.

Metadata

CommitteeHouse Energy and Commerce Subcommittee on Environment
Chamber / CongressHouse · 119th Congress
DateJune 24, 2026
TypeHearing
Witnesses
Dr. Jessica Dunn — Scientist, Clean Transportation, Union of Concerned Scientists
Mr. Aaron Goldberg — Principal, Beveridge & Diamond, P.C.
Mr. David Klanecky — President & CEO, Cirba Solutions
Mr. Greyson Buckingham — Co-Founder, President & CEO, DISA Technologies
Videoyoutube
Transcript255 caption blocks · 18,385 words · 2:05:24 runtime
EventCongress.gov 119392