The American Bar Association (ABA) has officially supported the Pacific Islands’ opposition against deep-sea mining, a move that brings over 400,000 lawyers into the challenge against federal leasing initiatives. This new resolution was put forward by the Guam Bar Association and was passed during the ABA’s House of Delegates meeting in San Antonio, Texas. The resolution calls on the federal government to cease all leasing for seabed mining off Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa.
Advocate Jacqueline Terlaje, President of the Guam Bar Association, emphasized that this vote amplifies the concerns of Pacific communities, which she believes have been largely overlooked by federal authorities. “The people of the Pacific have spoken with one voice on this issue,” Terlaje stated in a conversation with The Guam Daily Post. The resolution seeks a moratorium on mining activities until the potential impacts are better understood.
This resolution is an important milestone for the Guam Bar Association as it marks their first major policy effort since gaining representation in the ABA’s House of Delegates last year. Previously, Pacific territories had been excluded from the ABA’s governance. Terlaje noted that their collective voice now represents a substantial body of lawyers, showcasing increased support with over 66,000 public comments and backing from numerous organizations.
Adi Martínez-Román, co-founder of Right to Democracy, highlighted the significance of the ABA’s institutional endorsement, stating, “The American Bar Association is the biggest bar association in the United States… And they have been working for a long time.” The resolution demands that the Bureau of Ocean Energy Management (BOEM) cease issuing leases due to a lack of regulatory authority and insufficient scientific knowledge, reinforcing the necessity for informed consent from indigenous communities prior to any ocean industrialization.
Specifically, the resolution urges the federal government to uphold the moratorium declared by the governor of American Samoa and the resolutions passed by the legislatures of Guam and the CNMI. This vote comes at a time when BOEM is fast-tracking plans to open Pacific waters to commercial mining for critical minerals, against the backdrop of widespread opposition from territorial governments.
Terlaje detailed the extensive coordination required among various organizations, including Right to Democracy and Blue Ocean Law, to achieve this resolution. The collective effort lasted five days, with meetings spanning different state delegations to gather support. Notably, the rapid response from the ABA following the close of the BOEM comment period on January 12 is testament to the urgency and strength of their cause.
The resolution posits that BOEM lacks the legal authority to lease seabed minerals in U.S. territories. Recent legal interpretations following the Inflation Reduction Act imply that the broadened definition of “state” concerning offshore leasing does not extend to mineral extraction. Furthermore, the environmental implications highlighted within the resolution underscore a concerning lack of baseline data regarding deep-sea ecosystems, with notable research indicating that less than 0.001 percent of the deep seafloor has been visually accessed.
Amid growing environmental concerns is the recent finding that polymetallic nodules, which play a role in producing oxygen through electrolysis, could be adversely affected by mining activities, potentially endangering deep-sea ecosystems. Terlaje, representing the Northern Mariana Islands, attended the ABA meeting alongside Guam delegate Jay Arriola and Alicia Limtiaco to advocate for these essential environmental protections.
With this robust legal and communal backing, the Pacific Islands stand a better chance of voicing their concerns on deep-sea mining and advocating for sustainable practices that protect their unique marine environments.
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