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With a Grain of Salt: Ownership of Water, Brine and Lithium

Presented at the 2025 Appalachian Land Institute

There is strong interest in developing domestic supplies of lithium, which is the most important component in rechargeable batteries for laptops, cell phones, and electric vehicles, including extracting lithium from brine water, as well as traditional mining methods, which raises the question of who owns the lithium.  This presentation will investigate that question for states in the Appalachian Basin, with special attention to questions about the intersection between water rights and mineral rights, whether water, brine, or lithium are “minerals,” and how would an enterprising landman acquire the necessary rights to develop lithium resources in the Appalachian Basin. 

Speaker

Andrew Graham

Andrew Graham

Member, Steptoe & Johnson PLLC

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