Lawsuit Challenges US Plan to Auction Seabed Mining Rights Near American Samoa

A legal battle has erupted over the U.S. government's ambitious plan to open vast stretches of ocean floor near American Samoa to deep-sea mining. Earthjustice, a nonprofit environmental law firm, filed a federal lawsuit on Tuesday against the National Marine Fisheries Service and Commerce Secretary Howard Lutnick, aiming to halt the leasing process before it can proceed.

The lawsuit, filed on behalf of Fa‘asao Amerika Samoa and the Conservation Council for Hawai‘i, argues that the government has failed to comply with the Endangered Species Act and other federal laws. The legal action comes just a month after the administration announced its intention to auction leases across approximately 33 million acres of seabed, an area rich in minerals like nickel, cobalt, and manganese that are essential for batteries and electronics.

At the heart of the dispute is a recent determination by the fisheries service that the leasing would not adversely affect critical habitats or endangered species. Earthjustice calls this finding "wholly arbitrary and capricious," asserting that the government must first prove that mining activities will not push vulnerable species toward extinction or destroy vital ecosystems.

The plaintiffs emphasize the deep cultural and practical significance of the ocean to the Samoan people. The waters provide food for households, protect shorelines, and are central to cultural traditions that have persisted for over a millennium. Many species in the area, including sea turtles known as "i‘a sa" or "sacred fish," are considered sacred, and local law prohibits harming them. The region also serves as habitat for endangered sea turtles, whales, and threatened species like the giant manta ray.

This push for commercial extraction is unprecedented. No commercial seabed mining operation exists anywhere in the world, and the International Seabed Authority has only authorized exploration licenses, not commercial extraction. The U.S., which has not ratified the U.N. Convention on the Law of the Sea, is moving forward under its own regulatory framework, expediting permits even as many nations call for a moratorium on deep-sea mining due to concerns about noise, light, and sediment plumes.

The proposed lease area lies just 57 miles from the Rose Atoll National Wildlife Refuge. A spokesperson for the fisheries service declined to comment on the pending litigation, and the Commerce Department has not yet responded to requests for comment.