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 Boggsโ National Law Review piece (opens in a new tab) (โAt a CrossroadsโIssue #1โ) frames U.S. and European automakers as trapped between EV momentum and Chinese rare-earth dependence, then offers a lawyerly menu of โstrategic optionsโ: contracts, alliances, compliance, and risk allocation. As a high-level map of legal mechanics, itโs competent. As an industrial reality check, itโs incompleteโand overly enamored with its metaphor.
Table of Contents
The core premise is directionally correct: NdPr, Dy, and Tb underpin high-performance NdFeB magnets, and supply-chain concentration creates geopolitical exposure. Itโs also fair to note that rare-earth-free motor architectures exist and that OEMs are exploring them. But the piece treats โescaping dependenceโ 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 sinteringโprecisely where Chinaโs advantage is most durable. A roadmap for โresource agreementsโ 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 linesโand what is the true time-to-qualify with Tier 1s? The piece concedes alternatives are โyears away,โ but it doesnโt quantify bottlenecks: permitting timelines, reagent supply, radioactive residue handling, and the reality that โdiversificationโ 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 isnโt misinformationโbut it is a framing choice. The โcase studiesโ are also non-verifiable, limiting readersโ ability to judge whether these approaches are pilot curiosities or scalable templates.
Whatโs Notable for the Rare Earth Supply Chain
The key signal isnโt the checklist. Itโs the admissionโbetween the linesโthat OEMs are still searching for bankable non-China magnet pathways. Investors should treat โrare-earth-free motorsโ and โnew supply dealsโ 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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