US Advances Aggressively Toward Deep-Sea Mining in International Waters

The US government has taken a significant step toward initiating deep-sea mining on the ocean floor, a move that faces opposition from nearly all other countries, which regard international waters as protected from such industrial exploitation.

Signed on Thursday, the executive order bypasses a longstanding international treaty ratified by all major coastal nations except the US. This action exemplifies the current administration's tendency to sidestep global institutions and is expected to draw criticism from both allies and adversaries.

According to an official White House statement, the order aims to "position the United States as a leader in seabed mineral exploration and development within national and international jurisdictions."

The directive instructs the National Oceanic and Atmospheric Administration to accelerate the permitting process for companies interested in mining activities within US territorial waters and international zones.

Certain areas of the ocean floor are covered with potato-sized nodules rich in valuable minerals such as nickel, cobalt, and manganese. These elements are crucial to advanced technologies that are vital to the US economy and military, yet their supply chains are increasingly dominated by China.

To date, commercial-scale seabed mining has not occurred due to significant technical challenges and serious environmental concerns.

In the 1990s, most nations agreed to establish the International Seabed Authority (ISA) to regulate mining in international waters. Since the US is not a party to this agreement, the current administration is relying on a lesser-known 1980 law allowing the federal government to issue seabed mining permits in international waters.

While many countries support the development of seabed mining, the prevailing view has been cautious—prioritizing the protection of fisheries, oceanic food chains, and the ocean’s crucial role in carbon absorption over immediate economic benefits.

The executive order follows years of delays by the ISA in establishing comprehensive regulations for seabed mining, with the authority yet to finalize a rulebook.

This new directive could enable The Metals Company, a leading seabed mining firm, to receive expedited approval from NOAA to commence mining operations. The publicly traded company, headquartered in Vancouver, Canada, revealed plans in March to seek US government approval through a subsidiary for mining in international waters, having already invested over $500 million in exploratory efforts.

Gerard Barron, CEO of The Metals Company, stated in a recent interview, "We have a production-ready vessel and processing capabilities in a friendly allied nation. We are now awaiting the permit to begin operations."

Anticipating eventual regulatory approval, companies like The Metals Company have invested heavily in developing advanced seabed mining technologies, including ships equipped with large mechanical claws and autonomous vehicles attached to powerful vacuum systems designed to extract minerals from the ocean floor.

Some experts question the urgency of pursuing seabed mining given the current surplus of nickel and cobalt from terrestrial sources and the shift among electric vehicle battery manufacturers toward alternative materials.

Nonetheless, forecasts predict strong future demand for these metals. Additionally, escalating trade tensions with China threaten to restrict US access to critical minerals, including rare-earth elements found in trace amounts within seabed nodules.

According to estimates by the US Geological Survey, nodules in the Clarion-Clipperton Zone—a vast area of the Eastern Pacific between Mexico and Hawaii roughly half the size of the continental United States—contain more nickel, cobalt, and manganese than all known terrestrial reserves combined.

The Metals Company holds contracts for exploration in the Clarion-Clipperton Zone, where the ocean depth averages around 2.5 miles. It aims to be the first to apply for an exploitation permit under the 1980 law.

Mr. Barron attributes the ISA's delay in establishing mining regulations to what he calls an "environmental activist takeover," which led his company to seek direct approval from the US government.

A NOAA spokesperson emphasized that the existing US permitting process includes a thorough environmental impact assessment, coordination among agencies, and opportunities for public input.

Under the 1994 United Nations Convention on the Law of the Sea, coastal states have exclusive economic rights up to 200 nautical miles offshore, while international waters fall under ISA jurisdiction. Although the US has participated in ISA meetings, it has never ratified the treaty.

More than 30 nations have called for a moratorium on seabed mining, and major corporations—including BMW, Volkswagen, Volvo, Apple, Google, and Samsung—have pledged not to use minerals sourced from the ocean floor. Additionally, legislation has been introduced in the US Congress to prohibit NOAA from issuing seabed mining permits.

ISA negotiators have spent over a decade drafting comprehensive mining regulations covering environmental protections and royalty schemes but appear unlikely to finalize the rules this year.

While several major powers such as China, Russia, India, and European nations generally favor advancing seabed mining, they have voiced objections to The Metals Company’s plan to obtain a US government permit.

A key concern is the limited scientific knowledge of deep-sea ecosystems. The Clarion-Clipperton Zone, for example, is a dark, cold, and stable environment inhabited by species rarely observed by marine researchers.

Matthew Gianni, co-founder of the Deep Sea Conservation Coalition, noted that approximately half the species in the zone depend on the nodules for development stages.

He warned that proposed mining methods would destroy these ecosystems, while sediment plumes generated by mining could spread widely, smothering additional habitats.

The Metals Company maintains that environmental concerns are exaggerated, asserting that it possesses adequate knowledge to initiate mining while managing ecological risks.

Exploring the deep ocean requires substantial investment and advanced technology, comparable to space exploration. Beth Orcutt, a microbiologist, remarked, "Humanity has only begun to explore the vast deep sea, which covers about 70 percent of the planet."

Disrupting these remote ecosystems could have far-reaching effects.

Lisa Levin, an oceanographer, emphasized the critical role these habitats play in global cycles that sustain ocean productivity and marine food sources. She warned that because ecosystems are interconnected, damaging one could have unpredictable consequences on others.

The greatest loss may be the destruction of entire ecosystems before scientists have a chance to fully study them, potentially forfeiting discoveries related to medicine, biology, and the origins of life.

"If we pursue deep-sea mining, we must accept the loss of these fragile ecosystems," Dr. Levin concluded.