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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 11 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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On March 31, 2022, President Joseph Biden issued <a href="https://www.govinfo.gov/content/pkg/FR-2022-04-06/pdf/2022-07421.pdf" target="_blank" rel="noopener">Presidential Determination No. 2022-11</a> invoking the Defense Production Act of 1950 (DPA) to ensure a sufficient and sustainable domestic industrial base for the production of large-capacity batteries. Stating that the United States &ldquo;depends on unreliable foreign sources for many of the strategic and critical materials necessary for the clean energy transition &ndash; such as lithium, nickel, cobalt, graphite, and manganese for large-capacity batteries,&rdquo; President Biden directed the Secretary of Defense to address this concern as essential to the national defense.
The Secretary of Defense is tasked by the determination &ldquo;to create, maintain, protect, expand, or restore sustainable and responsible domestic production capabilities of such strategic and critical materials by supporting feasibility studies for mature mining, beneficiation, and value-added processing projects; by-product and co-product production at existing mining, mine waste reclamation, and other industrial facilities; mining, beneficiation, and value-added processing modernization to increase productivity, environmental sustainability, and workforce safety.&rdquo; In addition, the Secretary of Defense will conduct a survey of the domestic industrial base for the mining, beneficiation, and value-added processing of strategic and critical materials used in the production of large-capacity batteries for the automotive, e-mobility, and stationary storage sectors. The results of this survey will be reported annually to the president and Congress.
The Department of Defense released a <a href="https://www.defense.gov/News/Releases/Release/Article/2989973/defense-production-act-title-iii-presidential-determination-for-critical-materi/msclkid/defense-production-act-title-iii-presidential-determination-for-critical-materi/" target="_blank" rel="noopener">press statement</a> indicating that it will continue &ldquo;to work with key stakeholders to use DPA Title III authorities to address risks and challenges across supply chains for large-capacity batteries. These authorities expand options and opportunities to accelerate and scale critical investments across key markets.&rdquo;

core/freeform

SmarTrade

Senior Legislative and Regulatory Policy Advisor

Scott E. Diamond

International Trade

President Biden Invokes Defense Production Act for Development of Critical Materials in Large-Capacity Batteries