U.S. plans to auction deep-sea mining rights off American Samoa face legal challenges over legal authority and treaty respect.
Marine area auction planned
The U.S. administration plans to auction over 12.5 million hectares of marine areas off American Samoa on November 19. This decision follows a presidential decree from April 2025 that labeled deep-sea resources as a strategic priority, aiming to enable the extraction of polymetallic nodules rich in nickel, copper, and cobalt, which have drawn the attention of the company Impossible Metals.Legal challenge against the auction
A coalition of environmental groups and traditional leaders is fighting to block the auction through legal means. Represented by Earthjustice, the local group Fa'asao Amerika Samoa, the Conservation Council for Hawai'i, and the traditional chiefs' council Faleula o le Manu'atele have filed a legal challenge to halt the sale. Seumalu Elora Raymond, co-founder of Fa'asao Amerika Samoa, warned in the Pacific Waves newspaper that every hour spent before the deadline equates to weeks or months of effort, and the fight becomes much harder once a mining company acquires parts of the ocean floor.Legal hearing set for October 30
A first hearing is scheduled for October 30 under an expedited process to determine if the federal government has the legal right to proceed with the planned auction. The plaintiffs argue that the federal government lacks legal authority and has not respected historical treaties. They claim the Marine Minerals Administration does not have the necessary authority under the Outer Continental Shelf Lands Act. Opponents also emphasize that the relationship between Washington and American Samoa does not grant the federal government unlimited power.French Polynesia reviews deep-sea governance
In French Polynesia, the discussion around deep-sea governance is also complex. On Thursday, Moetai Brotherson, president of French Polynesia, and Taivini Teai, minister of Agriculture, Marine Resources, Environment, and related areas, will present the first regional report of the Collective Scientific Expertise (ESCo) on knowledge and governance of deep-sea areas. This report is organized by the Institute of Research for Development (IRD), which previously issued a document on the same topic in 2011, commissioned by Édouard Fritch and high commissioner René Bidal.