Legal Action Against Deep-Sea Mining Plans Near American Samoa

In San Juan, Puerto Rico, a legal environmental group has taken action by suing the U.S. government. The aim is to halt plans by the Trump administration to auction sections of water near American Samoa for potential deep-sea mining. Earthjustice, a nonprofit legal organization, filed the lawsuit on behalf of Fa‘asao Amerika Samoa and the Conservation Council for Hawai‘i against the U.S. National Marine Fisheries Service and Commerce Secretary Howard Lutnick.

The legal group is asking a judge to stop the plans, emphasizing the need for compliance with the Endangered Species Act and other laws. The lawsuit highlights that the U.S. has previously never allowed deep-sea mining in its waters. The administration intends to lease around 33 million acres of seabed, rich in minerals like nickel, cobalt, and manganese, which are crucial for creating batteries and electronics. However, concerns about the impact on critical habitats and endangered species are central to the lawsuit.

The Samoan people rely upon a healthy ocean ecosystem, which sustains households, protects shorelines, and supports cultural practices,” states the lawsuit.

Recent decisions by the National Marine Fisheries Service have suggested that leases would not impact critical habitats or endangered species, a determination the lawsuit criticizes as “arbitrary and capricious.” The lawsuit points out the cultural and ecological importance of these waters to Samoa and highlights species like sea turtles, referred to as “i‘a sa,” meaning sacred fish, that migrate between American and Hawaiian waters. American Samoa also upholds bans on harming sacred animals like whales, sharks, and manta rays.

Earthjustice claims the administration’s actions jeopardize numerous interests in American Samoan and Hawaiian waters. These include professional, scientific, educational, aesthetic, spiritual, and cultural elements. The waters host rare marine species, coral reefs, sponges, and numerous sea life populations including endangered sea turtles and whales.

The planned leasing area is approximately 57 miles from the Rose Atoll National Wildlife Refuge. Despite international calls for moratoriums on deep-sea mining, the Trump administration seeks to expedite permits, exceeding thirty-five countries’ environmental concern about the practice.

No commercial seabed mining operation exists globally, though the International Seabed Authority has granted exploration licenses to over twenty contractors. These contractors primarily explore the Clarion-Clipperton Fracture Zone between Hawaii and Mexico. While the U.S. National Oceanic and Atmospheric Administration governs the country’s mineral exploration, the U.S. has not ratified the U.N. Convention on the Law of the Sea.

A NOAA fisheries service spokesperson declined comment on the ongoing litigation. Likewise, the U.S. Department of Commerce did not immediately respond to inquiries. The U.S. government recently announced a leasing proposal for waters around the Northern Mariana Islands, encompassing 69 million acres.

According to Matt Giacona, acting director of the Marine Minerals Administration, the U.S. must secure critical minerals for economic and defense needs. However, many scientists and environmentalists critique the administration’s push for deep-sea mining. “These massive mining projects are just too experimental and dangerous for marine life to allow them to go forward,” said Nick Katkevich from the Center for Biological Diversity.