Pacific civil society hits US executive order and TMC’s deep-sea mining plans

By Ron Rocky Coloma

A growing coalition of Pacific organizations is sounding the alarm on what they describe as a return to “piracy of the oceans” following a new U.S. executive order that could fast-track deep-sea mining in American waters and international zones.

The Pacific Blue Line Collective, which includes groups such as Development Alternatives with Women for a New Era (DAWN), Pacific Network on Globalization (PANG) and the World Wide Fund for Nature Pacific, described the move as illegal and dangerous.

At the center of the controversy is The Metals Company (TMC), a Canada-based mining firm aligned with the Trump administration’s push to “unleash America’s offshore critical minerals.”

The executive order, signed in late April, directs federal agencies to support the acceleration of seabed mineral extraction under the 1980 Deep Seabed Hard Mineral Resources Act.

That law, enacted during the Cold War, predates the United Nations Convention on the Law of the Sea (UNCLOS), a treaty the U.S. has never ratified. Nonetheless, UNCLOS governs the seabed in international waters and recognizes it as the "common heritage of humankind."

In a statement following the order, the secretary general of the International Seabed Authority (ISA) reaffirmed UNCLOS as the only legitimate framework for deep-sea governance.

“No state may claim, acquire or exercise sovereign rights over any part of the area or its mineral resources,” the statement read. “This includes a prohibition on appropriation and alienation by any state, or natural person.”

TMC has drawn additional scrutiny for its plans to pursue mining licenses outside of the ISA framework by leveraging the outdated U.S. law. The company’s proposed activity centers on the Clarion-Clipperton Zone, a mineral-rich seabed between Hawaii and Mexico.

Though TMC has conducted test mining and exploration in partnership with Pacific island states such as Tonga and Nauru, its recent pivot toward unilateral licensing under U.S. jurisdiction is raising eyebrows and drawing condemnation.

“There is nothing responsible about this move,” said Claire Slatter, a steering committee member of PANG. “This is pure piracy of our common heritage masquerading as lawful, and TMC’s collaboration in this is in keeping with its rogue behavior in its hell-bent pursuit of profiting from deep-sea mining.”

A recent policy brief co-authored by DAWN and PANG, titled “Peace Under-Sea Siege,” warns that TMC’s trajectory violates international norms and should trigger a blacklist by the ISA. The brief argues that TMC's pursuit of mining licenses outside the ISA system demands “the strongest condemnation” from UNCLOS member states. Its release coincided with the executive order’s announcement and growing concern among ISA delegates.

Critics say framing seabed minerals as essential for renewable energy and national security is misleading. What once appeared to be a pathway to green transition is now seen by some as an opportunistic grab for strategic resources.

“This approach prioritizes corporate profiteering and geopolitical gain over climate justice, ocean health and the right of free, prior and informed consent of Pacific Peoples,” the Pacific Blue Line Collective said in its May 2 statement.

For many in the Pacific, the issue is about more than law and policy. It is about betrayal.

Pelenatita Kara of the Civil Society Forum of Tonga expressed disappointment over what she described as the exploitation of regional trust.

“A few Pacific governments stood by TMC in good faith, believing they were supporting progress for the Pacific. Instead, they’ve been met with betrayal,” Kara said. “It’s become painfully clear that we were seen not as partners, but as a means to an end. Stepping stones for profit.”

The area in question, the CCZ, is home to delicate ecosystems that scientists warn could take decades or longer to recover from disruption. Environmental groups have repeatedly called for a moratorium on deep-sea mining until more research can be done on the potential long-term impacts.

Pacific Blue Line, which unites church groups, environmentalists and civil society organizations, is urging coordinated action.

They demand the cancellation of TMC’s corporate registration in Canada, the end of Tonga and Nauru’s sponsorship of the company and immediate blacklisting by the ISA.

The group is also calling on key regional partners such as Australia and New Zealand to support a moratorium and help uphold what they describe as the Pacific’s legacy of ocean stewardship. “We reject the notion of deep-sea mining as an inevitability,” the statement said. “The Pacific is not a testing ground. Our ocean is not a commodity.”

Some experts warn that if TMC moves forward with mining activities in the NORI-D tenement within the CCZ without ISA approval, the fallout could extend beyond environmental damage.

Legal scholars are now assessing the risks for both TMC and its former sponsors, especially in terms of their standing in the ISA and broader international law frameworks.

While the U.S. seeks to reassert influence in the Indo-Pacific and shore up domestic mineral supplies for high-tech industries, its approach risks alienating longtime allies and undermining multilateral governance.

Both China and the European Union have expressed opposition to the executive order, adding a layer of geopolitical tension to the already fraught debate.

As countries position themselves for access to critical minerals, Pacific advocates are calling for a return to principle.

“Now is the time to listen to Indigenous leadership, uphold oceanic guardianship and strengthen collective work toward stopping deep-sea mining before it starts,” the Pacific Blue Line Collective said.

The group’s final call to action was clear: “We must act with urgency to halt deep-sea mining before it begins. Together, we can safeguard the future of our Pacific, ensuring that our legacy is one of protection, not exploitation.”

The International Seabed Authority has not announced any formal sanctions against TMC. But with the global spotlight intensifying and pressure mounting from civil society, the next steps may define how the world governs its last untouched frontier—the ocean floor.

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