Blue Ocean Law opposes federal proposal to permit deep-sea mining off Guam and CNMI

Map of seabed mining project area bordering a national marine monument. Bureau of Ocean Energy Management

Blue Ocean Law submitted public comments opposing a federal proposal to permit deep-sea mining in the waters off Guam and the Commonwealth of the Northern Mariana Islands. The filing detailed the serious risks posed to marine ecosystems and to the cultural, subsistence, and ocean-based practices of Chamorro and Refaluwasch communities, whose relationships with these waters are longstanding, ongoing, and legally significant.

The comments challenged the Bureau of Ocean Energy Management’s assertion of authority to advance deep-sea mining in this context, arguing that the agency lacks a clear statutory mandate to authorize such activities. Blue Ocean Law raised concerns that BOEM is attempting to extend regulatory authority beyond what Congress has delegated under existing federal statutes, including by treating exploratory and extractive seabed mining as activities lawfully permitted under frameworks designed for fundamentally different offshore uses.

The submission further argued that BOEM’s approach fails to comply with core federal environmental requirements, including obligations to conduct a meaningful environmental review, assess cumulative and irreversible impacts, and consider reasonable alternatives. Blue Ocean Law emphasized that the agency’s analysis does not adequately address the unique ecological characteristics of deep-sea environments or the foreseeable harms to ocean systems that support cultural practices, food security, and intergenerational knowledge transmission.

By formally opposing the proposal, Blue Ocean Law reinforced its commitment to protecting oceans and island communities through rigorous legal advocacy. The filing underscores the firm’s broader effort to ensure that federal decision-making affecting Guam and the CNMI remains grounded in statutory limits, environmental accountability, and respect for the rights of Chamorro and Refaluwasch peoples.