Two Commonwealth of the Northern Mariana Islands (CNMI) groups have taken the United States federal government to court over its controversial plan to open more than 67 million acres of ocean around the Marianas to potential deep-sea mining.
Our Commonwealth 670 and PåganWatch, joined by the Conservation Council for Hawai’i and Center for Biological Diversity, filed a lawsuit 8 September in the US District Court for the District of Hawai’i against the National Marine Fisheries Service (NMFS) and US Commerce Secretary Howard Lutnick.
Earthjustice represents the four groups.
At the heart of the lawsuit is a 10 August NMFS finding that the proposed deep sea mining lease sale was “not likely to adversely affect” threatened or endangered species or their critical habitat.
The plaintiffs contend NMFS reached that conclusion without adequately considering what could happen after the leases are awarded-including mineral exploration, testing, development, and actual mining.
The Marine Minerals Administration (MMA), formerly the Bureau of Ocean Energy Management (BOEM), proposes to hold the lease sale 16 December 2026.
According to the complaint, five leases covering more than 67 million acres would be offered. The leases would have primary terms of 20 years, which could be extended if they enter production.
The lawsuit comes after months of opposition to the federal government’s deep sea mining push in the Marianas.
- Read more: CNMI stands to gain nothing economically from deep sea mining in federal waters
The area under consideration was expanded earlier this year after more than 65,000 comments were submitted during the federal review process. The complaint says the “overwhelming majority” opposed proceeding with leasing.
Our Commonwealth 670 and other local advocates previously criticised that expansion, while CNMI Governor David Apatang and Guam Governor Lou Leon Guerrero called for a moratorium and changes to the federal process.
CNMI Governor David Apatang and Guam Governor Lou Leon Guerrero.
Facebook / CNMI Office of the Governor & Lt. Governor / RNZ Pacific / Eleisha Foon
In the new lawsuit, the plaintiffs allege NMFS considered too narrow a slice of the proposed activity before signing off on the lease sale.
They argue the agency should have considered not only the issuance of leases and preliminary surveys, but also the exploration, testing, development, and mining that could follow.
The complaint alleges those later activities are part of the overall federal action-or at least indirect effects of issuing the leases-and therefore should have been considered under the Endangered Species Act.
The plaintiffs also allege NMFS failed to adequately evaluate potential effects from vessel strikes, vessel noise and discharges, mooring lines, and buoys during preliminary work.
MMA’s biological assessment itself identified possible effects from preliminary activities, including underwater noise, vessel collisions, entanglement, habitat disturbance, changes in prey, and accidental releases of pollutants and marine debris, according to the complaint.
The plaintiffs say those impacts were characterised as insignificant even though the assessment indicated the extent of several impacts could not be estimated.
The groups say endangered and threatened whales, sea turtles, sharks, manta rays, corals, and other marine species could be affected.
For the two CNMI plaintiffs, however, the lawsuit is also about the cultural relationship between the people of the Marianas and the ocean.
The complaint describes the ocean as central to CHamoru and Refaluwasch livelihoods and culture. It also notes that traditional Refaluwasch wayfinding uses marine animals such as individual whales and sea turtles as “sea marks” associated with locations around islands.
Our Commonwealth 670 is described in the complaint as an Indigenous-led nonprofit based in the CNMI whose members include ocean elders, teachers, youth, cultural practitioners, community advocates, environmentalists, and recreational paddlers.
PåganWatch is described as a Saipan-based grassroots nonprofit advocating for residents of Gani’, the islands north of Saipan, and for the preservation of Indigenous culture.
The lawsuit raises two legal claims.
The first alleges NMFS’ Letter of Concurrence was arbitrary and capricious and contrary to the Endangered Species Act and Administrative Procedure Act because the agency failed to properly consider the effects of the entire action.
The second alleges NMFS failed to issue a required biological opinion addressing the entire action if the agency was using an incremental-step consultation process.
The plaintiffs want the federal court to declare NMFS’ Letter of Concurrence unlawful and set it aside.
They are also seeking appropriate injunctive relief, compliance with the Endangered Species Act and Administrative Procedure Act, and litigation costs and reasonable attorneys’ fees.
