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SYDNEY/FIJI, Monday 9 March 2026 — As the International Seabed Authority (ISA) opens its 31st Session today, Greenpeace International is calling on member states to take firm and swift action if breaches by subsidiaries and subcontractors of The Metals Company (TMC) are established. Evidence compiled and submitted to the ISA’s Secretary General suggests that violations of exploration contracts may have occurred.

Louisa Casson, Campaigner, Greenpeace International, said: “In July, governments at the ISA sent a clear message: rogue companies trying to sidestep international law will face consequences. Turning that promise into action at this meeting is far more important than rushing through a Mining Code designed to appease corporate interests rather than protect the common good. As delegations from around the world gather today, they must unite and confront the US and TMC’s neo-colonial resource grab and make clear that deep sea mining is a reckless gamble humanity cannot afford.”

The ISA launched an inquiry at its last Council meeting in July 2025, in response to TMC USA seeking unilateral deep sea mining licences from the Trump administration. If the US administration unilaterally allows mining of the international seabed, it would be considered in violation of international law.

Greenpeace International has compiled and submitted evidence to the ISA Secretary-General, Leticia Carvalho, to support the ongoing inquiry into deep sea mining contractors. This evidence shows that those supporting these unprecedented rogue efforts to start deep sea mining unilaterally via President Trump could be in breach of their obligations with the ISA.

The analysis focuses on TMC’s subsidiaries — Nauru Ocean Resources Inc (NORI) and Tonga Offshore Mining Ltd (TOML) — as well as Blue Minerals Jamaica (BMJ), a company linked to Dutch-Swiss offshore engineering firm Allseas, one of TMC’s subcontractors and largest shareholders. The information compiled indicates that their activities may violate core contractual obligations under the United Nations Convention on the Law of the Sea (UNCLOS). If these breaches are confirmed, NORI and TOML’s exploration contracts, which expire in July 2026 and January 2027 respectively, the ISA should take action, including considering not renewing the contract.

Letícia Carvalho has recently publicly advocated for governments to finalise a streamlined deep sea mining code this year and has expressed her own concerns with the calls from 40 governments for a moratorium. At a time when rogue actors are attempting to bypass or weaken the international system, establishing rules and regulations that will allow mining to start could mean falling into the trap of international bullies. A Mining Code would legitimise and drive investment into a flagging industry, supporting rogue actor companies like TMC and weakening deterrence against unilateral mining outside the ISA framework.

Casson added:Rushing to finalise a Mining Code serves the interests of multinational corporations, not the principles of multilateralism. With what we know now, rules to mine the deep sea cannot coexist with ocean protection. Governments are legally obliged to only authorise deep sea mining if it can demonstrably benefit humanity – and that is non-negotiable. As the long list of scientific, environmental and social concerns with this industry keeps growing, what is needed is a clear political signal that the world will not be intimidated into rushing a mining code by unilateral threats and will instead keep moving towards a moratorium on deep sea mining.” 

—ENDS—

Key findings from the full briefing:

  • Following TMC USA’s application to mine the international seabed unilaterally, NORI and TOML have amended their agreements to provide payments to Nauru and Tonga, respectively, if US-authorised commercial mining goes ahead. This sets up their participation in a financial mechanism predicated on mining in contradiction to UNCLOS.
  • NORI and TOML have signed intercompany intellectual property and data-sharing agreements with TMC USA, and the data obtained by NORI and TOML under the ISA exploration contracts has been key to facilitating TMC USA’s application under US national regulations.
  • Just a few individuals hold key decision-making roles across the TMC and all relevant subsidiaries, making claims of independent management ungrounded. NORI, TOML, and TMC USA, while legally distinct, are managed as an integrated corporate group with a single, coordinated strategy under the direct control and strategic direction of TMC.

Greenpeace urges governments to defend international law, as evidence suggests breaches by deep sea mining contractors

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Why an Activist From Texas Crossed the World to Confront Asia’s Biggest Petrochemical Company

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For the retired shrimper, the 8,000-mile trip to Formosa Plastics’ annual shareholder meeting in Taipei was part of a strategy of being relentless.

The Resistance, Part 2: Three Gulf Coast environmentalists confront Formosa Plastics Corp. at its shareholders meeting.

Why an Activist From Texas Crossed the World to Confront Asia’s Biggest Petrochemical Company

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America Is Policing Foreign Waters, but Gutting Domestic Protections

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The U.S. government’s recent deployment of visa restrictions for international illegal fishing exposes a dichotomy between how it wields power at home versus away.

While the Trump administration systematically unravels marine protections at home, it appears to be enforcing far higher conservation standards abroad.

America Is Policing Foreign Waters, but Gutting Domestic Protections

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Brazil jostles for rare earths share as US-China rivalry heats up

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Brazil is rushing to regulate its critical minerals industry and unlock its vast untapped reserves of rare earths, aiming to position itself as a strategic producer with Chinese and US companies competing for fresh supplies.

Despite opposition from some environmental and Indigenous rights groups, lawmakers in Brazil’s lower house of Congress passed the government’s critical minerals policy bill last month, and backers now hope to secure final Senate approval before October’s presidential election.

Already a major mining nation with large reserves of graphite and copper, Brazil has the world’s second-largest reserves of rare earth elements after China, with the difference that Brazilian reserves are largely untapped. This group of 17 minerals is used in permanent magnets for electric motors vital for clean technologies such as electric vehicles (EVs) and wind turbines.

As Chinese and US companies compete to secure supplies, Brazil hopes to serve them both.

“We don’t have any preferences. Whoever wishes to participate with us to help with the mining, processing, and production of the wealth that these rare earths can bring is welcome to invest in Brazil,” President Luiz Inácio Lula da Silva told journalists after meeting President Donald Trump in Washington in May.

Value-added mining

The draft legislation, which is backed by industry groups, creates a $380-million Guarantee Fund for Mineral Activity meant to provide financial support for mining projects, grants priority status for permitting strategic mining projects, and requires companies to dedicate a share of their revenue for domestic research and development on mineral extraction and processing – part of the policy’s effort to maximise the benefits of mining.

To select strategic projects and support their environmental licensing, the bill envisions establishing a Committee for Strategic and Critical Minerals, which includes representatives from different government agencies, state and local governments, industry and civil society.

Mining Minister Alexandre Silveira said the government’s bill “aligns mineral exploration with national interests”, and he has pledged to work closely with the Senate to pass it in the coming months.

“Brazil … doesn’t intend to be a mere exporter of unprocessed raw materials, but to expand its industrial and technological capacity, too,” Silveira said last month.

The Brazilian government says the country presents an “unparalleled” opportunity for refining “green minerals”, given that around half of its electricity comes from hydropower.

At the other end of the supply chain, several Chinese companies have vast plans to assemble EVs in Brazil. EV manufacturing giant BYD opened a massive production facility in the state of Bahia last October – the company’s largest EV factory outside China. BYD’s top executive in Brazil told Reuters it is aiming to produce and source 50% of its vehicle components in the country by the end of the year. BYD’s subsidiaries in Brazil directly own mineral rights in the country’s “lithium valley”.

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Some pro-government lawmakers had proposed the creation of a state-owned agency that would hold a monopoly over mining projects, but that was eventually rejected after the federal government decided that no additional state intervention was needed in the sector.

Mônica Sodré, CEO of the Brazilian Center for International Relations (CEBRI), said the country’s mining rules were created when minerals were mainly seen as “commodities for export”. Today, they are “central to economic security, industrial policy and geopolitics,” she said.

The proposed legislation, she added, is “an important first step, not a final solution” to position the country as a major mineral producer, and developing projects will require continued efforts through the newly-created committee.

Soft on safeguards?

But despite the government’s pledges to develop a critical minerals sector that benefits the national interest, some environmental groups have opposed the critical minerals policy bill, saying it does not create enough safeguards for the protection of affected communities.

Adriana Pinheiro, public policy advisor with Observatório do Clima, a network representing 130 environmental nonprofits, told Climate Home News that the bill “lacks explicit provisions on free, prior and informed consultation”.

    The Articulation of Indigenous Peoples of Brazil (Apib) said in a note to Congress that the bill has the “potential to significantly impact indigenous territories without adequately incorporating mechanisms for protection and participation”.

    Sodré said the concerns are valid, but that the draft bill is not the place to address them. Instead, she said, indigenous rights and participation should be considered on a project-by-project basis and that safeguards exist under Brazil’s “extensive” environmental permitting legislation.

    “Precaution is essential in mining policy, but it should not lead to inaction. Blocking investments or delaying projects without clear evidence of unacceptable risks can result in significant social and economic costs,” she said.

    Pinheiro, of the Observatório do Clima, added that while the bill encourages domestic processing of critical minerals, it does not create mandatory quotas. Countries such as Indonesia and Zimbabwe have banned raw exports, forcing investors to set up processing plants in the country.

    “This regulation is only positive if it combines industrial strategy with strong safeguards,” Pinheiro said.

    Geological advantage

    China extracts about 70% of the world’s rare earths and controls around 90% of the processing – creating a potential chokepoint that has alarmed Western countries at a time of heightened geopolitical tension. The US and China have opted to stockpile key minerals in case trade restrictions are enacted against them.

    Brazil, which has strong trade and diplomatic ties with both Beijing and Washington, views the intensifying competition for rare earth supplies as an opportunity for it to develop a new mining sector. Brazil’s National Mining Agency has reported about 2,700 rare earths projects under consideration, according to local news outlet Folha de Sao Paulo.

    The country’s rare earths reserves also have a geological advantage, as they are predominantly contained in ionic clay rather than hard rock. These deposits contain sought-after “heavy rare earths” and require less processing to extract.

    Workers of Sigma Lithium Corp SGML.V are seen at the Grota do Cirilo mine in Itinga, in Minas Gerais state, Brazil April 18, 2023. REUTERS/Washington Alves

    Workers of Sigma Lithium Corp SGML.V are seen at the Grota do Cirilo mine in Itinga, in Minas Gerais state, Brazil April 18, 2023. REUTERS/Washington Alves

    Backed by $2.7 billion in financial support from US government agencies, American mining firm USA Rare Earths acquired Brazil’s Serra Verde group, which owns the high-grade Pela Ema mine. The ionic clay mine is the only one outside Asia capable of supplying all the four major rare earths at scale, according to the company’s CEO Barbara Humpton.

    Other major firms have followed, with Canada’s Aclara conducting studies in the $680-million Carina mine and Australian companies Meteoric and Viridis also seeking to develop ionic clay mines for European and American buyers.

    Despite growing Western investments, China remains Brazil’s largest trade partner and the country’s imports from Brazil have already tripled between 2024 and 2025, according to data by the Brazil-China Business Council.

    The draft bill does not guarantee that Brazil will be able to compete with Chinese rare earths on the international market, Sodré noted. A “more realistic benchmark” is how effectively the country can position itself as major supplier of critical minerals for the energy transition, she added.

    Pinheiro said clearer regulation may help shape investments into the country, but foreign companies will not necessarily wait for Brazil’s critical minerals policy.

    “The central question is whether Brazil will use this moment to build domestic value chains, ensure socio-environmental safeguards and protect affected communities,” she said.

    The post Brazil jostles for rare earths share as US-China rivalry heats up appeared first on Climate Home News.

    Brazil jostles for rare earths share as US-China rivalry heats up

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