Navigating Environmental Approval Pathways for Deep Seabed Mining Projects in Areas Beyond National Jurisdiction (the Area)

2021 ◽  
Vol 55 (6) ◽  
pp. 31-39
Author(s):  
David Gwyther
Keyword(s):  
Renewable Energy ◽  
Environmental Impact ◽  
Social Impact ◽  
Environmental Impact Statement ◽  
Social Impact Assessment ◽  
National Jurisdiction ◽  
Standards And Guidelines ◽  
Mining Projects ◽  
Deep Seabed Mining ◽  
Seabed Mining

Abstract Deep-seabed mining (DSM) is a developing industry with high potential to help meet the metal demand for the transition to a renewable energy world. No DSM projects have yet received environmental approval, although several are in progress, following the Environmental and Social Impact Assessment (ESIA) process that has been developed and widely applied for projects in national jurisdictions. Currently, the International Seabed Authority's (ISA) regulations, standards, and guidelines for mineral exploitation of seabed minerals in the Areas Beyond National Jurisdiction (the Area) are in draft form. Proponents are guided in their ESIA studies by the ISA's Recommendations for the Guidance of Contractors for the Assessment of the Possible Environmental Impacts Arising From Exploration for Marine Minerals in the Area and are proceeding in expectation that the currently draft regulations will be finalized by the time an environmental impact statement can be submitted. This paper discusses the pathways leading to environmental assessment and approvals, comparing the processes in national jurisdictions with those for projects in the Area.

Assessing the Role of Environmental and Regulatory Issues on Offshore Renewable Energy Projects in the United States

2009 ◽  
Author(s):  
William H. Daughdrill
Keyword(s):  
United States ◽  
Renewable Energy ◽  
Environmental Impact ◽  
Social Issues ◽  
The United States ◽  
Environmental Impact Statement ◽  
Regulatory Issues ◽  
Energy Projects ◽  
The U.S

This paper will describe some of the key environmental and regulatory issues affecting development of offshore renewable energy projects in the United States. Offshore wind, wave, tidal current, and ocean thermal energy conversion (OTEC) projects all have unique environmental and social issues that must be addressed to the satisfaction of federal, state, and local authorities. This paper examines the existing federal regulatory schemes applicable to offshore renewable energy development in the United States including a discussion of an on-going jurisdictional debate between agencies at the U.S. federal government level. The various permitting processes for offshore renewable energy projects all involve an examination of the potential environmental and social/human effects of each proposed project. Typically, the agency with primary permitting authority must prepare an environmental impact statement (EIS) or equivalent document that includes a transparent process that encourages the participation of the interested public and other affected stakeholders. While acknowledging the importance of social/human impact issues, this paper will focus primarily on the potential physical and biological effects from offshore renewable energy projects including a discussion of the uncertainty that surrounds predicting the impact of new or innovative technologies. The U.S. Department of Interior, Minerals Management Service (MMS) recently published a programmatic environmental impact statement (EIS) that includes 52 “best management practices” for reducing environmental and social impacts from offshore alternative energy projects. Finally the paper will examine the important role of environmental monitoring and adaptive management in informing regulators and developers of potential adverse impacts and adapting project design and operations to avoid or minimize these effects.

African States and Participation in Deep Seabed Mining: Problems and Prospects

2009 ◽  
Vol 24 (4) ◽  
pp. 683-712 ◽  
Author(s):  
Edwin Egede
Keyword(s):  
Law Of The Sea ◽  
Special Interests ◽  
National Jurisdiction ◽  
The Law ◽  
Deep Seabed Mining ◽  
Seabed Mining

AbstractThe Law of the Sea Convention requires that effective participation of developing States Parties in activities in the deep seabed beyond national jurisdiction (the Area) should be promoted having due regard to their special interests and needs (especially those of landlocked and geographically disadvantaged states). This article examines the difficulties in actual, direct and effective participation by African states in deep seabed mining and possible co-operative endeavours that African states may embark upon to overcome some of these constraints in order to advance the prospects of their actual, direct and effective participation in deep seabed mining.

International Investment Protection in Deep Seabed Mining Beyond National Jurisdiction

2018 ◽  
Vol 19 (5-6) ◽  
pp. 890-929
Author(s):  
Joanna Dingwall
Keyword(s):  
Mineral Resources ◽  
International Investment ◽  
Investment Protection ◽  
Valuable Metals ◽  
Exploratory Stage ◽  
National Jurisdiction ◽  
United Nations Convention ◽  
International Seabed Authority ◽  
Deep Seabed Mining ◽  
Seabed Mining

Abstract The deep seabed beyond national jurisdiction comprises almost three-quarters of the entire surface area of our oceans. It boasts an array of mineral resources, including valuable metals and rare earth elements. Acting under the United Nations Convention on the Law of the Sea, the International Seabed Authority is responsible for regulating this area and granting mining contracts to allow investors to explore for and exploit deep seabed minerals. As yet, deep seabed mining activities have been confined to the exploratory stage. However, recently, there has been a marked growth in deep seabed investment by private corporate actors. As technology advances and commercial appetite increases, extraction of deep seabed minerals may soon commence. In this context, this article seeks to address crucial legal issues facing pioneers of deep seabed mining. What is the extent of investment protection within the existing regime? And are there dispute resolution options to enforce such protection?

The Deep Seabed beyond National Jurisdiction and the Rise of Mining Activities within it by Non-state Actors

2021 ◽  
pp. 45-67
Author(s):  
Joanna Dingwall
Keyword(s):  
Rare Earth ◽  
Rare Earth Elements ◽  
Continental Shelf ◽  
Mineral Resources ◽  
Mining Activities ◽  
National Jurisdiction ◽  
International Seabed Authority ◽  
Deep Seabed Mining ◽  
Seabed Mining ◽  
Technological Analysis

Chapter 2 addresses the importance of the deep seabed beyond national jurisdiction and charts the rise in mining activities within it, drawing on scientific, geological and technological analysis, where appropriate, to place deep seabed mining in its broader context. In order to do so, Chapter 2 assesses the scope of the deep seabed beyond national jurisdiction (in contrast to the maritime zones under national jurisdiction, including the continental shelf). The chapter then examines the types of mineral resources that the deep seabed contains (including the potential for rare earth elements). Thereafter, the chapter explores the likely viability of deep seabed mining, both in terms of its impact on the marine environment, and in light of technological challenges and market prospects. Chapter 2 also provides an overview of the current extent of mining activities authorised by the International Seabed Authority (ISA).

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