Be a Pawn or a Player: Mining Enters a Policy-Driven Cycle-and Rare Earths Are the Clearest Signal

Jan 28, 2026

Highlights

  • Mining has transitioned from price-driven to policy-led markets, with 47% of respondents prioritizing political variables like policy support and geopolitical risk mitigation as their top concern for 2026.
  • Rare earths are experiencing a policy-driven bull market fueled by export controls, government equity stakes, and national security concernsโ€”though oversupply risks loom if end-market demand doesn't materialize.
  • Strategic M&A partnerships between governments, institutions, and private firms are expected to dominate 2026, as political durability becomes more valuable than geological attractiveness alone.

In its January 2026 flagship report, Mining & Metals 2026: Adapting to a Policy-Driven Business Cycle, White & Case delivers a stark assessment: mining has crossed a structural line. The sector is no longer governed primarily by prices, marginal costs, or incremental supplyโ€“demand shifts. It is now policy-led.

Geopoliticsโ€”manifested through export controls, subsidies, equity stakes, preferential lending, and strategic stockpilesโ€”has become the decisive force shaping capital access, deal timing, and perceived asset value.

Nearly 47% of survey respondents identify political variablesโ€”securing policy support, mitigating geopolitical risk, or accessing critical mineralsโ€”as their top priority for 2026. Close to 40% expect state-backed capital to become the default intervention tool across developed markets.

Mining, in short, is no longer merely regulated by governments. It is increasingly capitalized by them.

From Prices to Power

White & Case traces how 2025 pushed the industry into a politics-first deal cycle. Rapid and often asymmetric policy shifts in the U.S. and China distorted trade flows, incentivized precautionary stockpiling, and vaulted critical minerals to the front of the investment queueโ€”frequently independent of near-term fundamentals.

The divergence is expected to deepen. 73% of respondents anticipate further U.S.โ€“China policy separation on trade and critical minerals over the next year. This matters because many metals markets remain well supplied or oversupplied. In such conditions, policy supportโ€”not scarcityโ€”has become the primary lever sustaining investment theses.

Rare earths fit this profile almost perfectly.

Rare Earths: A Political Bull Market

White & Case is explicit: rare earths are in a policy-driven bull market. Export controls, stockpile anxiety, and national-security framing have created pricing premiums and financing pathways untethered from traditional demand curves. The U.S. governmentโ€™s readiness to take equity positions and guarantee long-dated offtakeโ€”most visibly in permanent-magnet supply chainsโ€”has reset investor expectations.

The analysis is directionally correct. Policy has an outsized influence on rare earths because volumes are small, processing is highly concentrated, and substitution options are limited. But the report also delivers a cautionary note: policy can overbuild supply. One respondent likened the current surge to a โ€œgold rushโ€ that could run two to three years before reversing if end-market demand fails to validate political enthusiasm. _Rare Earth Exchanges_โ„ข has cautioned policymakers in the U.S. government to consider a deeper, broader industrial policy to mitigate against such risks.

M&A and the Search for โ€œSure Betsโ€

Volatile national policies and resource nationalism are often framed as deal killers. White & Case argues the opposite: they are increasingly deal catalysts. Strategic partnershipsโ€”especially governmentโ€“institutionโ€“private alliancesโ€”are expected to dominate 2026 M&A.

High-profile moves, including the attempted combination of Anglo American and Teck Resources, reflect a broader scramble for assets viewed as politically durable rather than merely geologically attractive.

The REEx Take

White & Case gets the macro diagnosis right. Mining is now overtly political. Where caution is warranted is in assuming those tailwinds are permanent. Policy can accelerate projects; it cannot manufacture demand. In rare earths, the winners will still be determined by processing capacity, qualification, and integration into real manufacturing ecosystems.

Source: White & Case LLP, โ€œMining & Metals 2026: Adapting to a Policy-Driven Business Cycl (opens in a new tab)e.โ€

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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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White & Case's 2026 report reveals mining's shift to policy-driven markets, with geopolitics now shaping capital, M&A, and rare earth valuations. (read full article...)

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