
For almost two decades, discussions about mining the deep-sea floor for a wealth of critical minerals used in clean energy technologies have percolated quietly in the International Seabed Authority, a little-known regulatory body with the key role of issuing exploration and exploitation contracts for the roughly 60 percent of the world seabed that lies beyond national jurisdictions.
But as the imperative to fight climate change intensifies, interest in mining critical minerals from the sea floor is also intensifying. Last August, seabed mining explorer The Metals Company announced plans to apply for an ISA exploitation contract this year. The firm wants its subsidiary NORI to begin production in the fourth quarter of 2025.
At the same time, amid mounting pressures, Britain joined more than 20 countries supporting a moratorium on seabed exploitation licenses, not including the United States, which is not an ISA member. The U.S. is also not a member of the Law of the Sea convention, having pulled out of negotiations in the Reagan administration over deep seabed mining rights in what the treaty makes the common heritage of humankind.
The United Kingdom announcement came as scientists warned that industrial-scale seabed exploitation could seriously damage both marine life and the ocean’s ability to absorb carbon dioxide. As minerals worth trillions of dollars are at stake, members of Congress are now also weighing in on both sides.
With controversy rising, questions abound: Does the growing need for nickel, cobalt, manganese, and other minerals used in electric vehicle motors, wind turbine magnets, and other clean energy technologies justify stepped-up seabed mining, even with its environmental risks? If a strong case can be made for immediate action, what would be the legal, technical, and scientific challenges in preserving the deep marine ecology?
Copyright ©2024, Environmental Law Institute®, Washington D.C. www.eli.org. Reprinted by permission from The Environmental Forum®, May/June.