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The multilateral body, recently decried for its seemingly pro-industry stance, should reorient itself back toward its most weighty purpose: protecting the seabed for the benefit of humankind as a whole.
The deep sea, Earth’s last untouched ecological frontier, is an ancient, living system that regulates our climate, stores carbon, and hosts breathtaking biodiversity. It is the common heritage of all of us. It is not a resource bank for speculative profits. And it is not for sale.
Yet, the deep-sea mining industry, led by The Metals Company (TMC), is determined to change that. The company has threatened to submit the world’s first commercial mining application in June 2025—with or without regulations in place. And now, in a desperate new move, it says it will bypass the International Seabed Authority (ISA) altogether and seek mining permits under the United States’ 1980 Deep Seabed Hard Mineral Resources Act (DSHRMA).
TMC’s reckless and dangerous attempt at a deep-sea neocolonial land grab came on the penultimate day of the ISA’s 30th Council session, ahead of a discussion of its mining application and a Fourth Quarter 2024 Earnings Update call. As it became clear that it would be forced to leave the meeting empty-handed, when nations rejected its wish to secure a process to have its commercial application approved, the company doubled down. Its tactics echo those of the oil and gas industry—manufacturing urgency and demanding fast-tracked approval.
The truth is this: deep-sea mining is a “cause in search of a purpose.” Greed, driven by speculative profit rather than public need, is driving the push for the launch of this destructive industry.
Member states and the ISA’s newly appointed Secretary-General Leticia Carvalho swiftly condemned it as a blatant attempt to sidestep international law and undermine the multilateral governance of the global commons. This pressure from TMC and other industry players forces a defining question for the ISA: Will it uphold its mandate to protect the seabed for the benefit of all humankind, or will it cave to corporate pressure?
Contrary to industry complaints, the careful ISA deliberations that have taken place over the years are safeguards to ensure that crucial unresolved questions around environmental risk, equity, science, and underwater cultural heritage are addressed. Notably, in this session, the African Group spotlighted long-ignored issues of how benefits will be shared and the socioeconomic impacts of seabed mining on terrestrial mining countries. These questions cut to the core of justice and global balance, and they demand answers before any approval can be considered.
Outside the meeting rooms, public opposition is mounting. Greenpeace International and Pacific allies brought the voices of over 11,000 people from 91 countries directly to the ISA urging deep-sea conservation. Thirty-two countries now support a moratorium, ban, or precautionary pause on deep-sea mining. The United Nations Environment Program has echoed these calls, emphasizing the need for robust, independent science before any decisions are made. And legal scholars have dismissed recent threats of lawsuits from contractors as baseless.
The industry is increasingly being recognized for what it is—a false solution. Deep-sea mining proponents claim that mining the seabed would reduce pressure on land-based ecosystems. However, research suggests deep-sea mining is more likely to add to global extraction than replace it. Meanwhile, emerging battery technologies, recycling breakthroughs, and circular economy models are rapidly reducing any purported demand for virgin metals from the seafloor.
With its original green-washing narrative unraveling, TMC and others are now stoking geopolitical tensions, positioning themselves as a strategic necessity for national security. However, the cracks are showing. For instance, TMC recently surrendered a third of its mining contract area in the Clarion-Clipperton Zone (CCZ), after ending a services agreement with its Kiribati-sponsored partner, Marawa. The industry faces failed mining tests, equipment and vessel delays, no finalized regulations, and growing investor skepticism over the industry’s environmental and financial viability.
The truth is this: deep-sea mining is a “cause in search of a purpose.” Greed, driven by speculative profit rather than public need, is driving the push for the launch of this destructive industry.
And the risks are profound. A recent study published in Nature found reduced biodiversity and ecosystem degradation more than 40 years after a small-scale mining test. Recovery of these nodules, which take millions of years to form, in human timescales is impossible.
But there is still hope. The recent appointment of Leticia Carvalho, a scientist who is calling for transparency, inclusivity, sustainability, environmental protection, and science-driven governance, as the secretary-general of the ISA presents a real opportunity. The multilateral body, recently decried for its seemingly pro-industry stance, should seize it and reorient itself back toward its most weighty purpose: protecting the seabed for the benefit of humankind as a whole.
The ISA’s dual mandate under the United Nations Convention on the Law of the Sea (UNCLOS)—to both manage the mineral resources of the seabed and ensure the effective protection of the marine environment—has always been fraught with tension. But in this era of climate chaos, biodiversity loss, and ocean degradation, it is precaution and protection that must prevail. The health of the ocean, the rights of future generations, and the principle of the common heritage of humankind demand it.
As the world heads toward the U.N. ocean conference in Nice, France this June—just a few weeks before the July ISA Assembly—leaders will have a crucial chance to show where they stand. They must reject TMC’s and the rest of the deep-sea mining industry’s attempts to force the ocean floor to be opened for exploitation with no assurance of marine protection. They must not allow themselves to be bullied into the adoption of a weak Mining Code built on industry-favored timelines. They must honor their roles as stewards—not sellers—of the international seabed.
The deep sea is not for sale—and the ISA still has a chance to prove it.
"We will not be silenced," the green group said in response to the verdict.
Climate campaigners swiftly sounded the alarm on Wednesday after a North Dakota jury awarded Energy Transfer and its subsidiary more than $660 million in the fossil fuel giant's case targeting Greenpeace for protests against the Dakota Access crude oil pipeline.
While Energy Transfer called the verdict a "win... for the people of Mandan and throughout North Dakota," environmentalist Jon Hinck condemned it as a "travesty of justice."
Hinck and others argue the case against Greenpeace International and two of its entities in the United States is a strategic lawsuit against public participation (SLAPP) intended to intimidate opponents of climate-wrecking fossil fuel projects.
OUTRAGE: A Big Oil-stacked jury just sided with corporate power, slapping Greenpeace with millions in damages for standing with Indigenous water protectors against DAPL. This is a dangerous attack on the right to protest, but the fight is not over. apnews.com/article/gree...
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— Center for Constitutional Rights ( @ccrjustice.org) March 19, 2025 at 6:04 PM
"This case should alarm everyone, no matter their political inclinations," saidSushma Raman, interim executive director of Greenpeace's U.S. entities, in a statement. "It's part of a renewed push by corporations to weaponize our courts to silence dissent. We should all be concerned about the future of the First Amendment, and lawsuits like this aimed at destroying our rights to peaceful protest and free speech. These rights are critical for any work toward ensuring justice—and that's why we will continue fighting back together, in solidarity. While Big Oil bullies can try to stop a single group, they can't stop a movement."
As The New York Timesreported Wednesday:
Greenpeace had maintained that it played only a minor part in demonstrations led by the Standing Rock Sioux Tribe. It had portrayed the lawsuit as an attempt to stifle oil industry critics, but a jury apparently disagreed.
The nine-person jury in the Morton County courthouse in Mandan, North Dakota, about 45 minutes north of where the protests took place, returned the verdict after roughly two days of deliberating.
Addressing the legal loss on social media, Greenpeace International vowed that "we will not be silenced."
🚨BREAKING🚨 The trial verdict is in. A jury in the Morton County courthouse found Greenpeace International and two Greenpeace entities in the United States liable for over US$ 660 million combined in Energy Transfer’s meritless SLAPP lawsuit. #WeWillNotBeSilenced
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— Greenpeace International 🌍 ( @greenpeace.org) March 19, 2025 at 5:39 PM
Greenpeace International executive director Mads Christensen echoed that sentiment and pointed to U.S. President Donald Trump's second term as a danger to people and the planet. As the advocacy leader put it: "We are witnessing a disastrous return to the reckless behavior that fueled the climate crisis, deepened environmental racism, and put fossil fuel profits over public health and a livable planet. The previous Trump administration spent four years dismantling protections for clean air, water, and Indigenous sovereignty, and now along with its allies wants to finish the job by silencing protest."
Asked by The Associated Press if Greenpeace plans to appeal just after the verdict, senior legal adviser Deepa Padmanabha said, "We know that this fight is not over."
While the case has sparked fears that a loss in court could end Greenpeace, Padmanabha told AP that the globally known group's work "is never going stop." The adviser added, "That's the really important message today, and we're just walking out and we're going to get together and figure out what our next steps are."
I hate it here. www.nytimes.com/2025/03/19/c...
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— Dr. Genevieve Guenther (she/they) (@doctorvive.bsky.social) March 19, 2025 at 4:19 PM
An independent trial monitoring committee said in a statement that the verdict "reflects a deeply flawed trial with multiple due process violations that denied Greenpeace the ability to present anything close to a full defense."
Marty Garbus, a longtime First Amendment lawyer who is part of the committee, said: "In my six decades of legal practice, I have never witnessed a trial as unfair as the one against Greenpeace that just ended in the courts of North Dakota. This is one of the most important cases in American history."
"The law that can come down in this case can affect any demonstration, religious or political. It's far bigger than the environmental movement. Yet the court in North Dakota abdicated its sacred duty to conduct a fair and public trial and instead let Energy Transfer run roughshod over the rule of law," he added. "Greenpeace has a very strong case on appeal. I believe there is a good chance it ultimately will win both in court and in the court of public opinion."
Greenpeace International general counsel Kristin Casper later said in a statement that "Energy Transfer hasn't heard the last of us in this fight. We're just getting started with our anti-SLAPP lawsuit against Energy Transfer's attacks on free speech and peaceful protest. We will see Energy Transfer in court this July in the Netherlands."
As the
Times detailed, the global group "this year had countersued Energy Transfer in the Netherlands, invoking a new European Union directive against SLAPP suits as well as Dutch law."
"This fight is bigger than Greenpeace. This lawsuit is a blatant attempt to silence critics and hide destructive practices," said the campaign director of Greenpeace USA.
With a high-stakes court trial between the environmental organization Greenpeace and the developer of the Dakota Access Pipeline, Energy Transfer, set to begin Monday, the green group earlier this month lit up multiple locations in both Dallas and Washington, D.C. with giant projections that displayed messages such as, "You Can't Put a Movement on Trial" and, "Big Oil Is Suing Greenpeace."
The Dallas-based oil and gas company Energy Transfer—whose executive chairman Warren Kelcy is a donor to U.S President Donald Trump, according to the The Guardian—has accused Greenpeace and other activists of inciting protests that took place against the Dakota Access Pipeline in 2016 and 2017, as well as spreading misinformation about and vandalizing the project.
The lawsuit names Greenpeace International and two U.S. Greenpeace entities. Greenpeace maintains that the protests were directed by Indigenous leaders, not Greenpeace.
The Standing Rock Sioux tribe and its allies said the pipeline, which has been in operation since 2017 and carries crude oil from the Brakken oil fields in North Dakota to Illinois, would endanger the water supply for the reservation and violate the tribe's right to its land.
If successful, the $300 million lawsuit could inflict "financial ruin" on the group, according to Greenpeace. This would have a chilling effect on the organization's work, but leaders within the group have also cast it as an attack on the environmental movement and free speech more broadly.
"This fight is bigger than Greenpeace. This lawsuit is a blatant attempt to silence critics and hide destructive practices," said Rolf Skar, the campaign director of Greenpeace USA, in a Tuesday statement.
Of the projections in D.C. and Dallas, Skar said they "are a testament to that resilience, shining a light on the truth and reminding everyone fighting for a just and livable future that we will not back down."
In a similar vein, Deepa Padmanabha, Greenpeace's deputy general counsel, toldThe Guardian that "Energy Transfer and the fossil fuel industry do not understand the difference between entities and movements. You can't bankrupt the movement. You can't silence the movement. There will be a backlash and a price to pay when you pursue these kinds of tactics."
"People power is more powerful," she added.
The case has also been decried as an example of what are known as "Strategic Lawsuits Against Public Participation"—or "SLAPP" lawsuits, meritless cases whose goal it to bankrupt civil society groups and nonprofits with years of litigation and legal fees.
Greenpeace International, which is based in Amsterdam, has been the first group to initiate a lawsuit under the European Union's new anti-SLAPP directive. The group has sued in a Dutch court to recoup losses it has incurred as a result of its legal fight with Energy Transfer.
Of its bid under the anti-SLAPP directive, Daniel Simons, senior legal counsel at Greenpeace International, said in early February that "if we prevail, it will send a message to corporate bullies that the age of impunity is ending. That would be a boost for civil society in the E.U., and point to solutions for those battling the SLAPP phenomenon elsewhere."
There is no federal anti-SLAPP law on the books in the United States.
There has also been intrigue surrounding the circumstances of the upcoming trial in North Dakota. Greenpeace unsuccessfully sought to have the case moved to a different court over concerns of potential jury bias. The Guardian and the local outlet the North Dakota Monitor have reported on mysterious mailers that were sent to local residents that contain written material slanted against Dakota Access Pipeline protestors and in favor of Energy Transfer.