Navigating the Legal Framework for US Offshore Mining Activities in the Wake of Trump’s Executive Order

On April 24, 2025, the president issued an executive order titled “Unleashing America’s Offshore Critical Minerals and Resources,” aimed at accelerating the development of deep seabed mining (DSM) in areas within and beyond U.S. jurisdiction. The executive order is bold because it purports to authorize activity in international waters beyond U.S. jurisdiction. The U.S. legal framework, the Deep Seabed Hard Mineral Resources Act (DSHMRA), has never been used to authorize mineral extraction. Now all eyes are on the United States while we await the substance of the first authorization of commercial extraction activities. This authorization undoubtedly will result in litigation and present novel legal questions for courts to resolve. Potential applicants will need to stay vigilant in understanding the DSHMRA’s legal framework and associated legal risks.

In this Legal Intelligencer article, Sidley partner Peter Whitfield and senior managing associate Brooklyn Hildebrandt discuss the implications and limitations of this executive order for applicants. They argue that ultimately, applicants navigating this permitting scheme should take note that a policy decision by one administration is not a free pass; success likely requires a comprehensive and conservative approach to ensure legal defensibility at every stage.

Reprinted with permission from the June 30, 2025 edition of The Legal Intelligencer © 2025 ALM Global Properties, LLC. All rights reserved. Further duplication without permission is prohibited, contact 877-256-2472 or asset-and-logo-licensing@alm.com