As the United States accelerates its transition to renewable energy, solar farms and wind projects are spreading across the country. But beneath the sunlit fields and windy ridges lies an older system of land rights: mineral claims. These claims, which grant rights to extract subsurface resources like copper, lithium, or gravel, can directly affect whether a renewable energy project gets built — or whether it can operate without future disruption.
What Is a Mineral Claim?
A mineral claim is a legal right to explore for and extract mineral resources from a specific parcel of land. In the U.S., such claims are common on federal lands (regulated under the 1872 General Mining Law) but can also exist on private property through severed mineral estates.
- Surface estate vs. mineral estate: In many jurisdictions, mineral rights are considered the “dominant estate,” meaning that a mineral claimant may have the legal right to use the surface in ways that reasonably accommodate mineral extraction, even if that disrupts surface uses.
- Duration: Once a claim is perfected and maintained, rights can persist indefinitely, surviving changes in surface ownership or land use.
Conflict with Solar and Wind Projects
1. Land Use Interference
Solar panels and wind turbines require stable, long-term surface control — often 30 years or more. A mineral claimant with rights to enter the land for drilling, blasting, or excavation can jeopardize that investment. Even if extraction never occurs, the possibility may deter financing, because lenders and tax-credit investors seek certainty over site control.
2. Legal and Permitting Delays
If mineral claims overlap with a proposed project site, developers often face additional permitting hurdles. Environmental impact statements may need to account for both renewable energy and potential mining activities, complicating and prolonging approval timelines.
3. Infrastructure Vulnerability
Even if turbines or solar arrays are built, subsurface activity like blasting or excavation could physically damage foundations, transmission lines, or underground cabling. This risk is difficult to insure against and raises costs for developers.
4. Market Tensions
Ironically, the minerals in question are often the very ones needed for renewable energy technology (lithium for batteries, copper for wiring). That puts solar and wind projects in direct competition with mining interests for land access.
Case Examples
- Southwest U.S. solar projects: Several large-scale solar developments proposed on Bureau of Land Management (BLM) lands in Nevada and Arizona have had to undergo mineral potential assessments to ensure they would not conflict with valid mining claims.
- Wind projects in the Midwest: In regions with active gravel or limestone extraction, wind turbine foundations have clashed with quarry expansion rights, forcing developers to negotiate surface use agreements or shift turbine siting.
Mitigation Strategies
Developers and governments have a few tools to reconcile mineral claims with renewable energy projects:
- Title and mineral estate due diligence: Before leasing land, developers run detailed mineral and title searches to identify outstanding claims or severed rights.
- Surface use agreements: Negotiated contracts can limit how and when mineral claimants may access the land, offering compensation in exchange for non-interference.
- Withdrawal of lands from mineral entry: On federal lands, the Department of the Interior can withdraw certain tracts from new mineral claims to clear the way for renewable energy projects.
- Co-location strategies: In rare cases, projects can coexist, such as solar arrays on reclaimed mining sites where resources have already been exhausted.
Implications for the Renewable Transition
Mineral claims highlight a fundamental tension in the clean energy shift: the demand for critical minerals to build renewable infrastructure competes with the need for stable land to host that infrastructure. If not carefully managed, unresolved mineral rights can stall projects, raise costs, or deter investment.
For communities and policymakers, balancing mineral development with renewable deployment will be critical. Transparent land use planning, better coordination between agencies, and early due diligence by developers can reduce conflict.
Ultimately, the success of the energy transition depends not just on building solar farms and wind turbines, but on navigating the complex legal landscapes beneath them.
Please note: Any opinions discussed in this article belong solely to the author, Marissa Berends, and do not necessarily reflect the views of Capitol Lien.
About the Author
Marissa Berends is a Certified Abstractor and Industry Relations Coordinator at Capitol Lien, a nationwide due diligence and risk mitigation services provider. Since joining the company in September 2021, she has earned abstractor certifications in Minnesota, Nebraska, and North Dakota. She is pursuing her Wisconsin Title Examiner certification, which is expected to be completed in Fall 2025.
Marissa is involved with the following groups: Wisconsin Land Title Association’s (WLTA) Convention Committee & Young Title Professionals; Nebraska Land Title Association’s (NLTA) Convention Committee; Property Record Industry Association (PRIA) National Education Committee; Illinois Land Title Association’s (ILTA) Inclusion, Diversity, Equity & Acceptance (IDEA) Committee; and the National Association of Land Title Examiners and Abstractors (NALTEA).
About Capitol Lien
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