The Metals Company (TMC) has taken a significant step by submitting an application for a U.S. license to mine a section of the Pacific Ocean, which is overseen by the International Seabed Authority (ISA), an organization affiliated with the United Nations. This initiative highlights a forthcoming conflict between U.S. authorities and international regulators regarding the control of essential minerals crucial for the energy transition.
TMC’s U.S. subsidiary has filed two additional applications to prospect for minerals across a vast expanse of the Pacific Ocean, located between Hawaii and Mexico. This comes shortly after President Donald Trump signed an executive order that expedites the seabed mining application process under a longstanding 1980 law. TMC claims to be the first company pursuing a mining license under this legislation and anticipates the National Oceanic and Atmospheric Administration (NOAA) to complete an initial review of its application within 60 days.
The targeted area for mining, known as the Clarion-Clipperton Zone (CCZ), is rich in polymetallic nodules—potato-sized rocks abundant in critical minerals like copper, nickel, cobalt, and manganese. These nodules form habitats for many seabed species, many of which are yet to be scientifically documented.
TMC holds exploration licenses issued by ISA, sponsored by the Pacific island nations of Nauru and Tonga, and the current license application would permit mining operations in the CCZ assigned to Nauru. Despite the absence of regulatory frameworks from the ISA—despite ongoing negotiations for over a decade—TMC plans to seek approval in June to commence mining.
Under the UN Convention on the Law of the Sea (UNCLOS), the ISA is tasked with managing the seabed in international waters for the benefit of humanity, mandating that any mining royalties be distributed among member states. Although the U.S. has not ratified UNCLOS, it generally adheres to its principles. The ISA has voiced concerns, emphasizing that unilateral actions could undermine collective agreements intended for equitable resource management.
During a recent congressional hearing, TMC CEO Gerard Barron framed underwater mining as a competitive race between the U.S. and China to secure these critical minerals. Critics, however, warn that a lack of comprehensive governance could result in substantial ecological damage. International environmental lawyer Duncan Currie cautioned that U.S. actions may lead to conflicts over mining rights, potentially sparking illicit interpretation of U.S. efforts by ISA member states.
Opportunities for constructive practices in deep-sea mining are emerging. Engaging local communities and stakeholders in sustainable mining regulations could lead to responsible resource management that balances economic benefits with the preservation of marine ecosystems.
As TMC pushes forward with its applications, this moment represents a pivotal chapter in the global dialogue surrounding deep-sea mining, ensuring future operations prioritize environmental stewardship alongside economic development.
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