Policy and Legislation

Introduction

Critical minerals have received a surge of attention recently, much of it tied to China’s dominance of extraction and processing and recent application of export controls on minerals with defense applications.  Policy discussions tend to focus on “critical minerals” collectively, but it is important to distinguish those needed for agriculture and transportation from those needed for national security.  Every mineral deemed essential for U.S. national security, economic security, and supply chain resilience and included on the official list of critical minerals maintained by U.S. Geological Survey list is important for its own reasons, but there are a few elements whose looming shortage now borders on an emergency, requiring extra focus from policymakers.  Certain “heavy” rare earth elements are among them.Continue Reading Heavy Rare Earth Elements: Rising Supply Chain Risks and Emerging Policy Responses

On January 20, 2026, the European Data Protection Board (“EDPB”) and the European Data Protection Supervisor (“EDPS”) (together, the “Authorities”) adopted Joint Opinion 1/2026 on the European Commission’s proposal to amend the EU AI Act (hereafter the “Proposal”, summarized in our previous blog). Overall, the Authorities acknowledge the complexity of the AI Act and agree that targeted simplifications can support legal certainty and efficient administration. However, they warn that simplification should not result in lowering the protection of fundamental rights, including data protection rights. This blog outlines some of the Authorities’ main recommendations as expressed in their Joint Opinion.Continue Reading European Data Protection Authorities Issue Joint Opinion on the Digital Omnibus on AI

On December 19, New York Governor Kathy Hochul (D) signed the Responsible AI Safety & Education (“RAISE”) Act into law, making New York the second state in the nation to codify public safety disclosure and reporting requirements for developers of frontier AI models.  Prior to signing, Governor Hochul secured several

Continue Reading New York Governor Signs Frontier AI Safety Legislation

After passing the House the preceding week, the National Defense Authorization Act for Fiscal Year 2026 (FY 2026 NDAA) passed the Senate on December 17 by a vote of 77-20 and was signed into law by President Trump the following day. As is frequently the case, this annual “must pass”

Continue Reading New Sanctions Authorities in the FY 2026 NDAA

On December 18, 2025, the UK Government passed the Employment Rights Bill, which will now be referred to as the Employment Rights Act 2025 (the “Act“). This represents the “biggest upgrade in employment rights for a generation” and introduces a wide-ranging suite of reforms to be

Continue Reading UK Employment Rights Act Finally Becomes Law

On 3 December 2025, the European Commission adopted the RESourceEU Action Plan, signaling that Europe’s industrial competitiveness will increasingly depend on its ability to secure and diversify critical raw material (“CRM”) supply chains.  For companies, inside and outside the EU, RESourceEU is more than a technical update: it marks a policy shift toward a more interventionist and security-driven approach to CRM governance.

The analysis below outlines the drivers behind the initiative, its main components, and the implications for multinationals trading into the EU.Continue Reading RESourceEU Action Plan – Strengthening the EU’s Access to Critical Raw Materials

On December 11, President Trump signed an Executive Order on “Ensuring a National Policy Framework for Artificial Intelligence” (“AI Preemption EO”), the culmination of months of efforts by Republican lawmakers to assert federal primacy over AI regulation.  The AI Preemption EO, which follows the release of a draft version in

Continue Reading President Trump Signs Executive Order to Block State AI Laws

On December 1, the Washington State AI Task Force (“Task Force”) released its Interim Report with AI policy recommendations to the Governor and legislature. Established by the legislature in 2024, the Task Force is responsible for evaluating current and potential uses of AI in Washington and recommending regulatory and legislative

Continue Reading Washington State AI Task Force Releases AI Policy Recommendations for 2026

According to reports published on November 19, the White House has prepared a draft Executive Order to preempt state AI regulations in lieu of a uniform national legislative framework, marking a significant escalation in federal efforts to assert control over AI regulation.  The draft Executive Order, titled “Eliminating State

Continue Reading White House Drafts Executive Order to Preempt State AI Laws

The government is officially closed, and the House of Representatives is in an extended recess, but the Senate keeps working. 

On Wednesday October 22, the Senate Foreign Relations Committee held a business meeting to consider 19 bills and approve two nominations (Joel Rayburn to be Assistant Secretary of State for Near Eastern Affairs and Andrew Veprek to be Assistant Secretary of State for Population, Refugees and Migration).  The bills focused mostly on Russia’s war in Ukraine, and on security concerns relating to China, and generally commanded bipartisan support.  All of the bills were approved, though some were amended.

One of the more consequential bills was the “REPO Implementation Act”, S. 2918, sponsored by Sen. Whitehouse, and co-sponsored by, among others, Foreign Relations Committee Chairman Risch.  This bill seeks to build on last year’s “Rebuilding Economic Prosperity and Opportunity for Ukrainians Act”, or “REPO Act”.  That legislation granted authority to the President to confiscate the approximately $5 billion in immobilized Russian sovereign assets in the United States and provide that money to Ukraine and Ukrainian claimants as compensation for the injuries inflicted on them by the war. Continue Reading Senate Foreign Relations Committee Action on Russia and China-related Legislation