September 23, 2026 — A federal judge in Honolulu has refused to let the Trump administration delay a hearing that could decide whether a deep-sea mining lease sale off American Samoa broke federal law, leaving open the chance that a court could block the sale before it happens.
U.S. District Judge Jill Otake denied the government’s motion to continue in an order issued Friday. She kept an Oct. 30 hearing intact on Earthjustice’s motion for summary judgment, meaning the case could be decided roughly three weeks before American Samoa’s lease sale, tentatively set for Nov. 19.
Earthjustice’s lawsuit targets the National Marine Fisheries Service, not the Marine Minerals Administration, the Interior agency actually running the sale. The fisheries service issued what’s called a letter of concurrence, agreeing with MMA’s finding that leasing wouldn’t likely harm whales, sea turtles and other protected species. Earthjustice argues the agency never seriously weighed what mining itself, not just leasing, could do to marine life.
The timing carries weight beyond American Samoa. Earthjustice is pursuing a nearly identical case over mining leases planned 47 miles from Guam, and the attorney handling both cases says the Hawaii ruling will shape how the Marianas fight unfolds.
“How things go with American Samoa will greatly inform how things go with (Commonwealth of the Northern Mariana Islands),” said Harley Broyles, the Earthjustice attorney, in an interview Wednesday with The Guam Daily Post, “because of the similarity of the issues.”