The American Bar Association (ABA) has officially endorsed Pacific Island opposition to deep-sea mining, a significant step that rallies over 400,000 lawyers against federal leasing plans that threaten these vulnerable ecosystems. The resolution, proposed by the Guam Bar Association, was approved during the ABA’s midyear meeting in San Antonio, Texas, and calls for an immediate cessation of all seabed mining leases in the waters surrounding Guam, the Commonwealth of the Northern Mariana Islands (CNMI), and American Samoa.
Guam Bar Association President Jacqueline Terlaje expressed the importance of this resolution, stating that it amplifies a unified message from the Pacific Islands, advocating for a moratorium until more is understood about the potential impacts of such mining. Terlaje highlighted that the ABA’s support provides a voice to communities that have often been overlooked by federal entities.
The resolution marks a pivotal moment for the Guam Bar Association, as this is their first major policy action since gaining representation within the ABA’s House of Delegates last year, which previously excluded Pacific territories from its leadership structures. Terlaje emphasized that the resolution transforms their collective stance from being three isolated voices to a powerful coalition of over 400,000 legal professionals, bolstered by significant public commentary—exceeding 66,000 responses—against seabed mining.
Adi Martínez-Román, co-founder and co-director of Right to Democracy, noted the importance of institutional support from such a prominent organization, recognizing the ABA as the largest bar association in the United States. The resolution insists that the Bureau of Ocean Energy Management (BOEM) halt the issuance of leases due to legal ambiguities and inadequate scientific understanding of the seabed environments. It also requires that any industrial activities in U.S. territories receive free, prior, and informed consent from indigenous communities.
Resolution 402 specifically appeals to the federal government to uphold a moratorium issued by the governor of American Samoa and resolutions passed by the legislative bodies of Guam and CNMI. This resolution comes at a time when BOEM is rapidly moving forward with plans to open Pacific waters for commercial mining, doubling the proposed mining area for American Samoa, despite strong opposition from local governments.
The collaborative effort behind the resolution involved various organizations, including Right to Democracy and Blue Ocean Law. Terlaje described the extensive coordination efforts, which included drafting the proposal before leaving Guam and engaging in several meetings to gather support from delegates across states. The swift response from the ABA following the closure of the public comment period with BOEM on January 12 underscores the urgency and collaborative advocacy behind this initiative.
The resolution asserts that BOEM may lack the legal authority to issue leases for seabed minerals in these territories, referencing the Inflation Reduction Act’s expansions that primarily pertain to offshore wind leasing and not mineral extraction. Environmental concerns were also raised regarding the lack of adequate data on deep-sea ecosystems and the potential devastating impacts of mining on marine life, particularly the removal of polymetallic nodules that are essential for maintaining oxygen levels in deep-sea habitats.
Terlaje attended the ABA meeting alongside fellow delegates, representing the Northern Mariana Islands despite the absence of its official delegate. This gathering not only serves to amplify the voices of Pacific Island communities but also illustrates the collective commitment to environmental protection and legal integrity.