Arti Sahajpal

Associate Editor

Loyola University Chicago School of Law, JD 2025

The effects of climate change and environmental degradation are more apparent than ever, with experts predicting that 2024 will possibly be the hottest year on record. Although significant progress remains to be seen, meaningful efforts like the passage of the Inflation Reduction Act in 2022 cannot be understated. Still, much more is necessary if the world plans to stay within the 1.5°C threshold, which experts predict will be surpassed by the 2030s. Recognizing the need for urgent, dramatic action, the Environmental Protection Agency (EPA) proposed new standards that would impose dramatic emissions limits on new vehicles produced beginning in 2027. The rule includes a “phase-in” period, allowing some flexibility for vehicle manufacturers to comply with the proposed standards, giving them five years to make the necessary adjustments. This ambitious plan aligns with President Biden’s Executive Order 14037, which sets forth the  Administration’s priorities in promoting zero-emissions vehicles. The EPA specifically emphasized the Executive Order’s goal of having “50 percent of U.S. new vehicle sales to be zero-emission vehicles by 2030.” Given that passenger vehicles make up an estimated 17% of total U.S. greenhouse gas emissions, with transportation being the “single largest source of greenhouse gas emissions in the United States,” the goal is admirable. However, achieving this transition to electric vehicles raises deep concerns related to deep seabed mining, the process of extracting critical minerals for batteries from the ocean floor.

The perils of EV batteries

Deep seabed mining (DSM) involves the extraction of various minerals from the seabed using large robotic extractors. Commercially valuable minerals, typically manganese, cobalt, copper, and nickel, are contained in clusters known as "polymetallic nodules." These minerals are essential for renewable energy sources, and most notably, for the batteries of electric vehicles. Unsurprisingly, the global DSM market is estimated to grow to $15.3 billion USD by 2030. As the push for net-zero emissions grows, the interest in renewable energy systems increases correspondingly. Some experts have estimated that lithium and cobalt production will need to increase 500 percent by 2050 to meet projected clean energy demands.

One of the primary concerns surrounding DSM is the use of giant robotic vacuums to extract minerals from the seabed. These machines, which can be as large as football fields, indiscriminately suck up everything in their path, including delicate marine ecosystems. The extracted material is then pumped up to a ship, where the valuable minerals are separated from the waste. This waste, which can include toxic chemicals and sediment, is then dumped back into the ocean. Although the full extent of DSM’s environmental damage remains unknown, the known consequences are perilous. A long-term study revealed that even two and a half decades after the seafloor was disrupted by plowing, many species had not recolonized the disturbed area. Moreover, the materials dumped back into the ocean create sediment plumes, which suffocate marine life and ruin water quality.

The failures of international law

In addition to the environmental concerns, there are also a number of legal issues surrounding DSM. The industry operates in international waters, which are not subject to the same environmental regulations as national waters. This raises questions about who is responsible for regulating the industry and ensuring that it is conducted in a sustainable manner. Although the United Nations Convention on the Law of the Sea (UNCLOS) established an international regulatory body, the International Seabed Authority (ISA), to regulate the industry, the intergovernmental organization has failed in many respects. Most notably, the ISA is required to establish rules and regulations for DSM,  known as "The Mining Code". Sadly, the deadline for publishing the rules passed in July 2023 without any sign of progress.

Even still, the efficacy of the pending Mining Code is questionable. As a non-party to UNCLOS, the United States is not bound by its regulations, including those that would apply to DSM. The nation’s historic opposition to the treaty suggests a potential disregard for its provisions, raising concerns about the enforceability of the Mining Code within American jurisdiction. One of the greatest concerns related to the upcoming Mining Code is that wealthy, industrialized nations will continue to have the largest share of control, leaving small island states, those most impacted by the burgeoning industry, to suffer the immense environmental and economic consequences without having much say in the matter.

Ultimately, the push for electric vehicles and renewable energy sources is a commendable one. But the EPA and the Biden Administration should consider alternative theories. Rather than prioritizing profits, focus should be shifted to promoting public transportation and hybrid work arrangements. The push for electric vehicles serves little purpose than to continue the hegemonic control of natural resources while repeating the problematic patterns of the fossil fuel industry.