Lawsuit Targets First Deep-Sea Mining Lease Sale in U.S. Waters

August 18, 2026

Lawsuit Targets First Deep-Sea Mining Lease Sale in U.S. Waters

Groups seek to protect imperiled species from underwater mining activities in American Samoa

Contacts

Miranda Fox, Earthjustice, [email protected]

Legal document

Honolulu, HI -

Faʻasao Amerika Samoa and Conservation Council for Hawaiʻi, represented by the environmental law organization Earthjustice, have filed a lawsuit challenging the Trump administration's attempt to launch deep-sea mining off the coast of American Samoa today. The lawsuit targets the National Marine Fisheries Service's conclusion that deep-sea mining "is not likely to adversely affect" any species protected by the Endangered Species Act, like whales and sea turtles.

The groups filed their lawsuit this morning in the U.S. District Court of Hawai'i. The Marine Minerals Administration announced last month that it plans to hold a lease sale to mine the seabed of American Samoa's Outer Continental Shelf on November 19, 2026. This is the first lawsuit to challenge deep-sea mining-an industry that does not currently exist beyond a few small, exploratory projects-in U.S. waters.

Deep-sea mining proposes to extract metals from some of the deepest and most unexplored parts of the ocean using unproven technology. Scientists believe biodiversity loss and habitat destruction will be unpreventable and irreversible if mining using the proposed methods were to advance at scale. In addition to direct habitat destruction, deep-sea mining and exploration will generate noise and light pollution, sediment plumes, wastewater, and residual toxic heavy metals that could drift far from the actual mining sites and contaminate the water column.

These impacts will be acutely felt by the people in American Samoa, who rely on a healthy ocean ecosystem for sustenance, protection, and long-standing cultural practices.

"For generations, our ancestors stewarded these waters with care and restraint. Deep-seabed mining would harm the ecosystems that sustain us, endangering our measina - species sacred to the Samoan culture," said Seumalu Dr. Elora Raymond, spokesperson for Fa'asao Amerika Samoa. "Fa'asao Amerika Samoa stands united with the people and leaders of American Samoa against deep-seabed mining. We urge this administration to study the issue further to avoid harm to endangered species and to our precious measina."

"Our oceans are not an underutilized tool for profit but a treasure that holds cultural significance and provides sustenance for Pacific Island communities," said Jonee Peters, Executive Director of the Conservation Council for Hawaiʻi. "We cannot sacrifice the value of our oceans and cherished marine species to an inherently destructive infant industry."

"The Trump administration is barreling ahead with plans that will sacrifice one of the most important and pristine ecosystems on the planet in the pursuit of a reckless deep-sea mining experiment. This carelessness is driven by dreams of corporate profits, rather than science. Critically imperiled whales and other marine species will pay the price in poisoned food, decimated habitat, and disrupted communications, not to mention direct vessel strikes. The law doesn't allow this approach, and neither will we," said Chris Eaton, a Senior Attorney with Earthjustice's Oceans Program.

Earthjustice attorney David Henkin, left, and Rudy Bartley, a member of the nonprofit groups Faasao Amerika Samoa and Puipui Measina a Amerika Samoa, take part in the Stand with the Moana demonstration to support and protect the ocean on July 16, 2026 on the Utulei shore in American Samoa. The event was organized by Finafinau, a nonprofit environmental advocacy group. (Gabby Faʻaiʻuaso for Earthjustice)

Additional Resources

• About the Mid-Pacific Office
• About the Oceans Program
• About the Tribal Partnerships Program

About Earthjustice

Earthjustice is the premier nonprofit environmental law organization. We wield the power of law and the strength of partnership to protect people's health, to preserve magnificent places and wildlife, to advance clean energy, and to combat climate change. We are here because the earth needs a good lawyer.