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.


Member, Steptoe & Johnson PLLC
Andy Graham has practiced energy and mineral law with Steptoe & Johnson PLLC over the last 22 years in Texas and West Virginia, focusing on title examinations, assisting clients buying or selling mineral, midstream and renewable energy assets, and handling surface use issues arising from energy development. He also teaches energy land management at West Virginia University, writes about energy law developments for the Foundation for Natural Resources and Energy Law’s Mineral and Energy Law Newsletter, and serves as a trustee of the Energy and Mineral Law Foundation. He has been included in Woodward/White’s The Best Lawyers in America® for Real Estate Law every year since 2012. He graduated from Shepherd College and the West Virginia University College of Law, and he is admitted to practice law in West Virginia, Texas, and Ohio.Please accept {{cookieConsents}} cookies to view this content