The American Bar Association (ABA) has officially endorsed the Pacific Islands’ opposition to deep-sea mining, representing a significant step for environmental advocacy and legal support for vulnerable ecosystems. During the ABA’s midyear meeting in San Antonio, Texas, the resolution proposed by the Guam Bar Association was approved, uniting over 400,000 lawyers against federal leasing plans that threaten these delicate marine environments.
The resolution calls for an immediate halt to all seabed mining leases in the waters surrounding Guam, the Commonwealth of the Northern Mariana Islands (CNMI), and American Samoa. Jacqueline Terlaje, President of the Guam Bar Association, emphasized that this resolution sends a strong, unified message from the Pacific Islands advocating for a moratorium until the implications of such mining endeavors are better understood. Terlaje noted the ABA’s support enhances the voices of communities that have frequently been overlooked by federal authorities.
This resolution represents a watershed moment for the Guam Bar Association, marking their first significant policy initiative since gaining representation within the ABA’s House of Delegates last year. Terlaje pointed out that it transforms their position from being fragmented voices into a formidable coalition backed by substantial public opposition—over 66,000 responses against seabed mining were collected.
Adi Martínez-Román, the co-founder and co-director of Right to Democracy, highlighted the impact of institutional backing from the ABA, which stands as the largest bar association in the United States. The resolution asserts the need for the Bureau of Ocean Energy Management (BOEM) to cease leasing activities due to existing legal uncertainties and the insufficient scientific understanding of seabed environments. Additionally, it mandates that industrial activities in U.S. territories need to receive free, prior, and informed consent from indigenous populations.
Specifically, Resolution 402 appeals to the federal government to adhere to a moratorium put forth by the governor of American Samoa, alongside resolutions passed by legislative bodies in Guam and CNMI. This resolution emerges amid BOEM’s accelerated plans to open Pacific waters to commercial mining, including a proposal that would double the area designated for mining off the coast of American Samoa despite vocal opposition from local governments.
The effort behind the resolution involved collaboration with various organizations, including Right to Democracy and Blue Ocean Law. Terlaje shared insights on the extensive coordination that took place to gather delegate support from across the states and draft the proposal prior to leaving Guam. The swift action taken by the ABA following the close of the public comment period with BOEM on January 12 highlights the urgent need for advocacy in this matter.
The resolution further articulates concerns that BOEM might not have the legal grounds to issue leases for seabed minerals within these territories, pointing to the Inflation Reduction Act’s focus on offshore wind leasing rather than mineral extraction. Environmental apprehensions were raised about the lack of substantial data on deep-sea ecosystems and the potentially catastrophic effects that mining could have on marine biodiversity, particularly the critical removal of polymetallic nodules vital to oxygen levels in deep-sea habitats.
Terlaje represented the Northern Mariana Islands at the ABA meeting, albeit without an official delegate in attendance. This gathering served not only to position the voices of Pacific Island communities at the forefront but also illustrated a collective commitment to safeguarding the environment and maintaining legal accountability in the face of emerging industrial threats.