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The Permitting Bill Fishermen Can’t Afford to Ignore

October 29, 2026 — On November 9, the Senate is scheduled to take up the Bipartisan American Affordability and Jobs Act of 2026, known as BAAJA (S. 5653). This legislation is not about Mexican sheep; instead, the dense 400-page bill rewrites how the federal government approves energy, mining, and infrastructure projects. Its sponsors, Senators Shelley Moore Capito (R-WV), Mike Lee (R-UT), Sheldon Whitehouse (D-RI), and Martin Heinrich (D-NM), call it a historic compromise. I call it a historic risk for fishing communities.

The coalition behind BAAJA is unusual. The American Petroleum Institute (oil and gas), the American Clean Power Association (wind and other renewables), and major organized labor groups support it. Tribal nations, historic preservation groups, and ocean conservation organizations oppose it.

Commercial fishermen have been mostly absent from this fight, and that needs to change. BAAJA rewrites the rules for offshore wind farms, export cables, offshore oil and gas, and seabed mining. It changes how those projects are approved, how long the approvals last, and how hard they are to challenge. Nearly every change reduces the leverage fishermen have used to protect fishing grounds historically, and that’s not a coincidence.

The Senate outcome is close to being settled. The House is a different story, and that is where fishermen still have a real opening. But we must make our voices heard, and soon.

What this issue is about

Fishermen have spent more than a decade fighting for a real voice in offshore wind decisions. Lease areas have been granted on productive fishing grounds over industry objections, and project layouts have been set with little regard for how fleets actually fish or what they need for safe transit. Too often, fishermen’s concerns have been treated as a box to check rather than a reason to change course.

BAAJA would shrink what voice fishermen have left in the regulatory process for energy permitting. Its supporters pitch it as protection for clean energy, pointing to the 2025 federal stop-work orders that halted offshore wind projects already holding permits. The bill delivers that protection by making permits nearly impossible to revisit once they are issued, and much harder to challenge before then during the planning process.

The bill doesn’t stop at wind. Its “protections” for energy projects from public scrutiny and challenge cover any federally permitted project with a private sector sponsor, including offshore oil and gas wells and mines. The same rules that would wall off a wind farm from fishermen’s objections would wall off an offshore drilling lease or a seabed mining permit.

More on that in just a bit.

People who work on the ocean deserve a real say in what happens to it, before a permit is issued and after. Whatever the energy source, BAAJA moves decisions further away from coastal communities and closer to developers and their lawyers and lobbyists.

Read the full article at the Fishery Friendly Climate Action Campaign

Third deep sea mining lawsuit filed as Trump administration seeks Samoa lease sale

October 26, 2026 — The Trump administration last week published its notice finalizing the first deep-sea mining lease sale of over 31 million acres of seabed off of American Samoa on Nov. 19.

Nonprofit environmental law firm Earthjustice filed a lawsuit that same afternoon seeking to block it, representing Faleula o le Manu‘atele, a council of Samoan leaders, and Fa‘asao Amerika Samoa and Conservation Council for Hawai‘i.

Samoa’s lease sale will proceed about a month before the Dec. 16 mineral lease auction that the Trump administration wants to do for about 67 million acres of seafloor surrounding the Marianas.

Read the full article at Pacific Daily News

The Scramble for the Open Seas

September 30, 2026 — Over the last half millennium, societies around the globe competed to divide up the world’s land. Nearly every square inch of soil outside Antarctica is now owned and tucked within national borders. But the oceans have largely been spared that fate. There were times throughout history when countries tried to gate and regulate the seas, but they were too vast to be controlled for long periods. During the Cold War, as technology made it far easier to imagine partitioning the world’s waterways and seabeds, great powers avoided an unrestrained race to grab the oceans. Most governments agreed to deal with them through a patchwork of treaties and multilateral bodies that sought to guarantee freedom of navigation in international waters and assign coastal seabeds to adjacent littoral states.

That order is now collapsing. The Houthis are disrupting shipping in the Bab el Mandeb Strait, the gateway to the Red Sea. Iran and Oman are planning to charge ships fees for using the Strait of Hormuz, a chokepoint for global energy supplies and fertilizers. In July, U.S. President Donald Trump even floated the idea that the United States could impose its own toll on Hormuz, only to later drop the plan.

Other governments, too, are jockeying to claim international waters and marine resources for themselves. Russia is trying to assert control over vast swaths of Arctic waters and seabeds, China is building artificial islands in the South China Sea, the United States has expanded its claims to seabeds beyond its exclusive economic zone, and many countries are laying the groundwork to mine the ocean floor for critical minerals.

The institutions that have kept the oceans free and open are failing, and great powers have, in key areas, stopped abiding by the rules that have held for decades. States are already making moves to control the seas. If governments rush to claim the world’s waters, as they did its land, they will make global commerce more difficult and encourage a new era of seaborne conflict. A world in which the oceans are carved up will invariably be poorer and more dangerous.

Read the full article at Foreign Affairs

Judge rejects delay, keeps Samoa mining lawsuit on track before sale

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.”

Read the full article at The Guam Daily Post

Environmental review of seabed mining to come after leases are sold

August 25, 2026 — The federal agency pushing to open the seabed near the Commonwealth of the Northern Mariana Islands to mineral mining confirmed Saturday that it will not conduct a full environmental study of the actual mining process until after companies already hold leases, a disclosure that has done little to ease objections from Guam senators.

The Marine Minerals Administration, formerly the Bureau of Ocean Energy Management, responded to questions from The Guam Daily Post about its decision to publish a proposed leasing notice for the Marianas sale, known as PACM-2, three months ahead of the schedule the agency had previously given Congress.

Asked why it moved up the notice, the agency said the release “reflects the agency’s response to executive orders that prioritize the development and secure supply of critical minerals.” The agency apologized for the delay in responding to the Post but did not elaborate further on the shift in timing.

On environmental review, the agency confirmed that the leasing stage only grants companies the right to hold a lease and conduct preliminary work such as bathymetric, geological and geophysical surveys, which it maintains carry no significant environmental impact. A full environmental impact statement, the agency said, will wait until “a lessee submits detailed plans with more precise details regarding the location, equipment size, scale, and specific methodologies for developing the seabed resources.”

Read the full article at The Guam Daily Post

Guam shut out as CNMI seabed mining sale advances in ‘race to the bottom,’ governor’s office says

August 24, 2026 — Guam’s exclusion from the formal comment process on a proposed seabed mining lease sale near the Northern Mariana Islands, paired with pointed new criticism from Gov. Lou Leon Guerrero’s administration, is adding fresh tension to a federal push that critics say is moving faster than anyone can properly weigh the risks.

The Marine Minerals Administration published a proposed leasing notice Monday covering five lease blocks along the edge of the Mariana Trench. Under the notice, only the CNMI governor holds a formal right to submit comments before a final leasing notice can be issued. Guam’s governor has no such standing, even though the waters sit next to the island.

CNMI Del. Kimberlyn King-Hinds said she does not understand the restriction. “I don’t know, and I’m not sure why she would not be since these waters are adjacent to Guam as well,” King-Hinds said in an interview with The Guam Daily Post on Wednesday.

Leon Guerrero’s administration had already raised concerns after the notice came out this week. In a follow-up email Thursday responding to additional Post questions, the administration went further, faulting federal regulators for moving without adequate study.

Read the full article at The Guam Daily Post

Governor, Moylan push back on seabed mining plan

August 21, 2026 — The federal government has taken its clearest step yet toward opening the seabed near the Northern Mariana Islands to commercial mineral mining, and Guam’s governor and delegate to Congress are warning Washington not to move faster than the science allows.

The Marine Minerals Administration, formed in July when the Interior Department folded the Bureau of Ocean Energy Management into a new agency, published a proposed leasing notice Monday covering five lease blocks along the edge of the Mariana Trench. The blocks span roughly 67 million acres, an area close to the size of Nevada, and the agency has set Dec. 16 as the proposed date for the sale.

In a statement released Wednesday, Gov. Lou Leon Guerrero’s office acknowledged Washington’s interest in reducing reliance on foreign mineral sources but said caution should come first. “National security cannot mean asking the people of the Pacific to accept environmental risks before those risks are fully understood,” the statement said.

The governor’s office cautioned that permitting exploration now could make it harder to pull back later, once companies have invested money in surveying the seabed. “A lease is not authorization to begin commercial mining, and it is important that we be precise about that. But it is also not an insignificant step,” the statement said, calling on the Interior Department and the new marine minerals agency to consult with residents of the Mariana Islands before going further.

Read the full article at The Guam Daily Post

Nonprofit sues over U.S. push to auction areas of water around American Samoa for potential mining

August 20, 2026 — A legal environmental group sued the U.S. government on Tuesday to halt the Trump administration’s plans announced last month to auction off sections of water surrounding American Samoa for potential deep-sea mining.

Earthjustice filed the lawsuit against the U.S. National Marine Fisheries Service and U.S. Commerce Secretary Howard Lutnick on behalf of two groups: Fa‘asao Amerika Samoa and Conservation Council for Hawai‘i.

The legal nonprofit is requesting that a judge order the National Marine Fisheries Service to stop moving forward with its plans and to comply with the Endangered Species Act and other federal laws.

“The United States has never opened its waters to deep-sea mining. Until now,” the lawsuit stated.

It noted that the U.S. plans to sell leases with the intention of allowing mining across 33 million acres of seabed off American Samoa that is rich in minerals including nickel, cobalt and manganese that are used to build batteries, electronics and other products.

Read the full article at NBC News

ALASKA: Deep sea mining in the Gulf of Alaska

August 13, 2026 — With China reportedly producing around 90 percent of the world’s supply of rare earth elements, and far ahead in processing technology, the U.S. and other countries are searching for new ways to meet demand, and deep sea mining on seamounts in the Gulf of Alaska is on the list of proposals. The Japanese press reported in July that experimental deep sea mining had successfully extracted rare earth elements such as neodymium, dysprosium, and terbium—all vital for fighter jet and missile guidance systems—from 6,000 feet below the surface.

In April of 2025, President Trump issued Executive Order 14285 “Unleashing America’s Offshore Critical Minerals and Resources,” and the Bureau of Ocean Energy Management (BOEM) is evaluating whether to advance a competitive lease sale for minerals on the Alaska Outer Continental Shelf. “We don’t know what impact deep sea mining could have on fisheries, but there is cause for concern,” says retired University of Alaska marine professor Rick Steiner, who now runs a consulting company called Oasis Earth.

Read the full article at National Fisherman

VIRGINIA: Coastal Virginia communities push back against proposed offshore seabed mining

August 12, 2026 — Chincoteague resident Jim Dawson has been fishing the waters off the Eastern Shore for more than four decades, catching species including black sea bass and Atlantic lobster.

During his many hours out at sea, Dawson said he’s come to appreciate the tiniest creatures that dwell on and around the seafloor.

“The microscopic world is just phenomenal, that you would never know is there,” he said. “What lives in that water, we don’t know anything about. And everything is vital.”

Dawson worries a new federal proposal to dig up huge portions of the seabed could threaten the ecosystem that supports his livelihood.

“Once you knock one thing off balance, it really impacts all of it,” he said.

The Trump administration announced in June that it is considering issuing an ocean lease to allow mineral mining within a 2,700-square-mile area flanking the Eastern Shore, stretching from 3 to 63 miles off the coast.

The move was prompted by an unsolicited request from a Florida company late last year.

Administration officials say the industry, which mines the seabed to extract valuable minerals, could reduce U.S. reliance on foreign suppliers.

But many community leaders and residents along the Virginia coast are strongly opposing the proposal, particularly on the Shore.

The counties of Accomack and Northampton sent the government formal notices against it.

Read the full article at WHRO

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