Lawsuit targets first deep-sea mining sale in U.S. waters
BY MAUREEN N. MARATITA
Journal Staff
Earthjustice attorney David Henkin (left) and Rudy Bartley, a member of nonprofit groups Faasao Amerika Samoa and Puipui Measina a Amerika Samoa, took part in the Stand with the Moana demonstration to support and protect the ocean on July 16 on the Utulei shore in American Samoa. The event was organized by Finafinau, a nonprofit environmental advocacy group. Photo by Gabby Faʻaiʻuaso for Earthjustice
Faʻasao Amerika Samoa and the Conservation Council for Hawaii, represented by the environmental law organization Earthjustice, filed a lawsuit Aug. 18 challenging the Trump administration’s attempt to launch deep-sea mining off the coast of American Samoa.
According to Earthjustice, the lawsuit targets the National Marine Fisheries Service’s conclusion that deep-sea mining “is not likely to adversely affect” any species protected by the Endangered Species Act, like whales and sea turtles.
The groups filed the lawsuit in the U.S. District Court of Hawaii, following the announcement that the Bureau of Ocean Energy Management/Marine Minerals Administration would be offering off the coast of American Samoa more than 31 million acres for mining in a sale on Nov. 19.
In related news, the office of Gov. David I. Atapang responded to the Journal’s request for comment on Aug. 18, following the Journal’s breaking news story posted the same morning. See BOEM announces terms and conditions for NMI mining lease.
In the statement, the governor said the announcement marks the initiation of the statutory 60-day governor’s review window, during which he will conduct a thorough interagency evaluation of the proposed terms, environmental safeguards, and economic stipulations.
“Our administration approaches this announcement with extreme caution,” Apatang said. “While MMA’s proposed action covers preliminary data collection rather than commercial extraction, we must ensure that no activity, survey or otherwise, takes place without rigorous scientific baseline studies, complete transparency, and explicit protections for our marine resources.”
The NMI Governor’s Office noted that the proposed notice outlines initial survey frameworks across five focus areas. “In response, the Commonwealth’s formal executive review will focus on establishing and enforcing non-negotiable prerequisites before any final leasing decisions are made,” it said.
1. Precautionary scientific rigor: No offshore preliminary operations should proceed without established environmental baselines developed through independent, peer-reviewed scientific analysis.
2. Mandatory fishery protections: Clear spatial buffers and enforceable Fisheries Communication Plans must be mandated to prevent physical or acoustic interference with local commercial and subsistence fishing activities.
3. Equitable economic and infrastructure terms: Should federal surveys proceed, the CNMI must receive binding commitments regarding local workforce development, port infrastructure investments, and priority contracting opportunities for island businesses.
4. Active territorial co-management: Federal agencies must ensure that NMI environmental officials and traditional leaders have an active role in reviewing survey plans, evaluating monitoring data, and safeguarding territorial interests.
The Office of Gov. Lourdes A. Leon Guerrero also issued a statement on Aug. 19, noting the bureau’s Aug. 17 notice represented a significant step towards leasing areas of the seabed near the NMI for mineral exploration and potentially eventually commercial extraction.
While recognizing “the national importance of securing reliable supplies of critical minerals … ,” the statement said … national security cannot mean asking the people of the Pacific to accept environment risks before those risks are fully understood.” mbj
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