“With or Without You” Is Cute-But OEMs Need Numbers, Not Lyrics

Dec 16, 2025

Highlights

  • Squire Patton Boggs frames automakers' rare-earth dependence as a contracting problem, overlooking the metallurgical scale-up challenges in separation, metalmaking, and magnet sintering where China's advantage is most durable.
  • The law-firm piece emphasizes legal mechanics (contracts, compliance, risk allocation) while underweighting technical feasibility questions:
    • Who funds capex for processing infrastructure?
    • Can non-China suppliers meet automotive qualification volumes?
  • The article inadvertently signals that OEMs still lack bankable non-China magnet pathways, with 'rare-earth-free motors' and 'new supply deals' serving as parallel hedges rather than imminent solutions.

Squire Patton Boggs’ National Law Review piece (opens in a new tab) (“At a Crossroads—Issue #1”) frames U.S. and European automakers as trapped between EV momentum and Chinese rare-earth dependence, then offers a lawyerly menu of “strategic options”: contracts, alliances, compliance, and risk allocation. As a high-level map of legal mechanics, it’s competent. As an industrial reality check, it’s incomplete—and overly enamored with its metaphor.

The core premise is directionally correct: NdPr, Dy, and Tb underpin high-performance NdFeB magnets, and supply-chain concentration creates geopolitical exposure. It’s also fair to note that rare-earth-free motor architectures exist and that OEMs are exploring them. But the piece treats “escaping dependence” like a contracting problem, when it is often a throughput and metallurgical scale-up problem.

The Missing Middle: Ore-to-Oxide-to-Magnet Is Where Plans Go to Die

The article glides past the hardest steps: separation, metalmaking, alloying, and magnet sintering—precisely where China’s advantage is most durable. A roadmap for “resource agreements” is useful, but it does not answer the investor-grade questions OEMs and suppliers must price today.

Can non-China processors deliver consistent Dy/Tb specs at automotive qualification volumes under stable cost curves? Who carries the capex for solvent extraction, metalmaking, and magnet lines—and what is the true time-to-qualify with Tier 1s? The piece concedes alternatives are “years away,” but it doesn’t quantify bottlenecks: permitting timelines, reagent supply, radioactive residue handling, and the reality that “diversification” often means moving from one choke point to another.

A Client Memo Wearing a News Hat

This is law-firm thought leadership. Its bias is structural: it foregrounds complexity that benefits legal counsel (contracts, arbitration venues, due diligence), while underweighting technical feasibility and commercial survivability. That isn’t misinformation—but it is a framing choice. The “case studies” are also non-verifiable, limiting readers’ ability to judge whether these approaches are pilot curiosities or scalable templates.

What’s Notable for the Rare Earth Supply Chain

The key signal isn’t the checklist. It’s the admission—between the lines—that OEMs are still searching for bankable non-China magnet pathways. Investors should treat “rare-earth-free motors” and “new supply deals” as parallel hedges, not imminent solutions.

Source: Francesco Liberatore & Alvaro J. Mestre, Squire Patton Boggs (US) LLP, National Law Review, Dec. 16, 2025.

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By Daniel

Inspired to launch Rare Earth Exchanges in part due to his lifelong passion for geology and mineralogy, and patriotism, to ensure America and free market economies develop their own rare earth and critical mineral supply chains.

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