Former President Donald Trump is taking steps to accelerate the exploration and extraction of essential minerals found deep in the ocean, primarily for use in rechargeable batteries. On Thursday, he signed an executive order aimed at streamlining federal processes for mining operations in both U.S. and international waters.
This bold initiative has sparked criticism from environmentalists and marine experts who warn that it could severely disrupt marine ecosystems and local economies, while also contravening existing international treaties. Ongoing discussions regarding the establishment of regulations for deep-sea mining through the International Seabed Authority (ISA) have yet to yield results, following the failure to meet an initial 2023 deadline.
“A dangerous precedent”
Duncan Currie, a legal advisor for the Deep Sea Conservation Coalition, criticized the executive order, stating that “fast-tracking deep-sea mining by bypassing the ISA’s global regulatory processes would set a dangerous precedent and would be a violation of customary international law.”
The ISA was created under the 1982 United Nations Convention on the Law of the Sea, which has been ratified by over 160 countries; however, the United States is not among them. Trump’s executive order instructs federal agencies to expedite the licensing procedures for companies wishing to recover minerals “in areas beyond national jurisdiction,” according to the 1980 U.S. Deep Seabed Hard Mineral Resources Act. Jurisdiction is generally limited to approximately 200 nautical miles from a nation’s coastline.
The executive order also highlights the administration’s intent to partner with industry to challenge China’s growing dominance over seabed mineral resources. Despite this push, no nation has yet begun commercial mining in the deep ocean, where depths can exceed 656 feet (200 meters) in international waters. Nevertheless, exploratory efforts are underway for riches like nickel, copper, cobalt, iron, and manganese, all critical for battery production, with China noted as a leading refiner of these minerals.
Following Trump’s announcement, a spokesperson for China’s foreign ministry condemned the move, arguing that it “violates international law and harms the overall interests of the international community,” as reported by BBC.
In March, the Metals Company revealed plans to pursue permits under the existing U.S. mining code to commence mineral extraction operations in the high seas. The company stated they had already engaged with White House officials on this initiative.
Earlier this month, another California-based firm, Impossible Metals, requested that the Trump administration auction mining leases in regions off American Samoa, which fall within U.S. jurisdiction. The executive order also mandates the Secretary of the Interior to expedite leasing processes for mining within U.S. waters.
Proponents of offshore mineral extraction argue that it is less environmentally damaging than terrestrial mining practices. However, critics caution that insufficient research exists to fully understand the ecological impact of deep-sea mining, and recent studies have raised alarms over potential “irreversible” consequences and noise pollution affecting marine wildlife. A recent study has even suggested that the deep sea may play a critical role in supplying “dark oxygen” to the planet.
A coalition of over 30 countries, including Palau, Fiji, Costa Rica, Canada, Mexico, Brazil, New Zealand, France, Germany, and the United Kingdom, has called for a moratorium on deep-sea mining until global regulations are enacted to mitigate potential harms.
Jeff Watters, vice president for external affairs at the nonprofit organization Ocean Conservancy, emphasized the broader implications of deep-sea mining: “The harm caused by deep-sea mining isn’t restricted to the ocean floor: it will impact the entire water column, top to bottom, and everyone and everything relying on it.”
