Rare Southern California Butterfly Protected as Threatened Under Endangered Species Act

Rare Southern California Butterfly Protected as Threatened Under Endangered Species Act

This story first appeared in Center for Biological Diversity.

SAN DIEGO, Calif.— After nearly 30 years of petitions and lawsuits by the Center for Biological Diversity, the U.S. Fish and Wildlife Service today protected one of Southern California’s rarest butterflies, the Hermes copper butterfly, as a threatened species under the Endangered Species Act.

The agency also designated 35,000 acres of protected critical habitat in San Diego County. The habitat consists of three units: Lopez Canyon, which includes acreage within Los Peñasquitos Canyon Preserve; Miramar/Santee; and Southern San Diego.

“Without Endangered Species Act protection, the Hermes copper butterfly would surely be pushed into extinction by Southern California’s rampant development, wildfires driven by climate change and invasive plants,” said Ileene Anderson, a senior scientist at the Center. “I’m relieved to finally see this beautiful little butterfly and its habitat protected.”

The small, bright yellow-orange, spotted Hermes copper inhabits coastal sage scrub and chaparral habitats only in San Diego County and northern Baja. Its survival depends on dwindling patches of its host plant, the spiny redberry. Increasingly frequent and severe wildfires also ravage the butterfly’s primary source of nectar, the California buckwheat. Drought and development have also destroyed dozens of historic populations.

The Hermes copper occupied many San Diego coastal areas prior to urbanization, and still persists in some foothill and mountain areas up to 45 miles from the ocean. The butterfly declined from at least 57 historical populations to only 26 populations in a survey this year.

Devastating wildfires have increasingly burned through key Hermes copper habitat, putting an end to the tenuous existence of many remaining butterfly populations. For example, 2020’s Valley Fire came within just 2.5 miles of a core population of the butterfly. In today’s listing the Service warned that a single large wildfire could wipe out all remaining populations of the butterflies.

Background

Even by the time it was first described in the late 1920s, the Hermes copper was endangered by urban development. By 1980 staff at the San Diego Natural History Museum noted that San Diego’s rapid urban growth put the future of the butterfly in the hands of developers. The Fish and Wildlife Service first identified the butterfly as a potential candidate for Endangered Species Act protection in 1984.

The Center for Biological Diversity and San Diego Biodiversity Project filed formal petitions in 1991 and 2004 to protect the species. A lawsuit was required to force the Service to respond to the second petition, but the agency announced in 2006 that it would not protect the species, despite fires in 2003 that burned nearly 40% of the butterfly’s habitat.

The Center filed a second lawsuit in 2009, but the Service delayed protection by placing the butterfly back on the candidate list in 2011. So the Center sued a third time in May 2019, which finally forced the Service to propose a status of threatened in January 2020.

The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1.7 million members and online activists dedicated to the protection of endangered species and wild places.

Banner image: Hermes copper butterfly. Photo by John Martin, USFWS. Image is available for media use.

In Ecuador, a Forest Has Legal Rights

In Ecuador, a Forest Has Legal Rights

This is a press release from the Center for Biological Diversity

Ecuador’s Highest Court Enforces Constitutional ‘Rights of Nature’ to Safeguard Los Cedros Protected Forest

QUITO, Ecuador— In an unprecedented case, the Constitutional Court of Ecuador has applied the constitutional provision on the “Rights of Nature” to safeguard the Los Cedros cloud forest from mining concessions. The court voted seven in favor, with two abstentions.

In the wake of the ruling, which was published Dec. 1, the Constitutional Court will develop a binding area of law in which the Rights of Nature, the right to a healthy environment, the right to water and environmental consultation must be respected.

The court decided that activities that threaten the rights of nature should not be carried out within the Los Cedros Protected Forest ecosystem. The ruling bans mining and all types of extractive activities in the protected area. Water and environmental permits to mining companies must also be denied.

Mining concessions have been granted to two thirds of the incredible Los Cedros reserve. The Ecuadorian state mining company ENAMI holds the rights. The new ruling means that mining concessions, environmental and water permits in the forest must be cancelled.

“This precedent-setting case is important not only for Ecuador but also for the international community,” said Alejandro Olivera, senior scientist and Mexico representative at the Center for Biological Diversity. “This progressive and innovative ruling recognizes that nature can and does have rights. It protects Los Cedros’ imperiled wildlife, like the endangered brown-headed spider monkeys and spectacled bears, from mining companies.”

In September 2020 Earth Law Center, Global Alliance for the Rights of Nature, and the Center for Biological Diversity filed an amicus curiae (friend of the court) brief before the Ecuadorian Constitutional Court. The groups asked the court to protect Los Cedros and robustly enforce constitutional provisions that establish basic rights of nature, or “pachamama,” including the right to exist, the right to restoration and the rights of the rivers, especially the river Magdalena.

“This is a historic victory in favor of nature,” said Natalia Greene from the Global Alliance for the Rights of Nature. “The Constitutional Court states that no activity that threatens the Rights of Nature can be developed within the ecosystem of Los Cedros Protected Forest, including mining and any other extractive activity. Mining is now banned from this amazing and unique protected forest. This sets a great juridical precedent to continue with other threatened Protected Forests. Today, the endangered frogs, the spectacled bears, the spider monkey, the birds and nature as a whole have won an unprecedented battle.”

“It is undoubtedly good news but the situation of the Los Cedros Protective Forest is not an isolated event in Ecuador,” said Constanza Prieto Figelist, Latin American legal lead at Earth Law Center. “This is a problem of the forests throughout the country. In recent years mining concessions that overlap with protective forests have been awarded.”

The brown-headed spider monkey, found in Los Cedros and threatened by the mining, has lost more than 80% of its original area of distribution in northwest Ecuador. In 2005 scientists estimated that there were fewer than 250 brown-headed spider monkeys globally, making the species among the top 25 most endangered primates in the world.

The case is of great significance, both for Ecuador and the world, because it establishes important and influential “Earth jurisprudence” that will help guide humanity to be a benefit rather than a destructive presence within the community of life. The proposed mining is unlawful, the groups say, because it violates the rights of the Los Cedros Protective Forest as an ecosystem as well as the rights of the many members of that living community.

The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1.7 million members and online activists dedicated to the protection of endangered species and wild places.

This Amazon dam is supposed to provide clean energy, but it’s destroying livelihoods and unique species

This Amazon dam is supposed to provide clean energy, but it’s destroying livelihoods and unique species

This story first appeared in The Conversation.

By Brian Garvey and Sonia Magalhaes.

The Volta Grande region of the Amazon is a lush, fertile zone supplied by the Xingu River, whose biodiverse lagoons and islands have earned its designation as a priority conservation area by Brazil’s Ministry of the Environment.

But a recent decision by the Federal Regional Court in the state of Pará, Brazil, allows the continuing diversion of water from the Xingu River to the Belo Monte hydroelectric dam complex – rather than to local indigenous fishing communities. This is a disaster for the ecosystems and people of the Volta Grande.

Drowned trees in the midst of a riverbed
Damaged trees as a result of dam construction. Xingu Vivo, Author provided

The ruling, which reversed a temporary order for river diversion to be suspended, means that 80% of Xingu River flow will continue to be diverted away from the communities of Volta Grande. This impedes the main transport route for many indigenous people who live along the river and reduces fish diversity, compromising food security and livelihoods.

The decision also alters the river’s flood and ebb cycles. In addition to their importance for species’ reproduction and agriculture, these cycles guide local social, cultural and economic activity.

A river surrounded by deforested banks
Flooding and deforestation in the region has been linked to the Belo Monte complex. Verena GlassAuthor provided

According to the Federal Public Ministry, which is appealing the decision, this marks the seventh time the superior court has overturned previous legal decisions in favour of the construction and energy corporation Norte Energia, which owns Belo Monte.

Our team carried out research on the dam complex’s impacts in 2017 with the Brazilian Society for the Advancement of Science. We found persistent violations of the rights of traditional communities linked to Belo Monte, especially regarding their forced displacement from areas destined to form the dam’s reservoir.

In response, a spokesperson for Norte Energia said that the company has always operated in compliance with the environmental licensing for Belo Monte, and that all actions undertaken by Norte Energia were evaluated and approved by the environmental licensing agency IBAMA.

Belo Monte

Belo Monte is a hydroelectric complex formed by two dams. The first dam ensures sufficient water flow through the second one for electricity generation.

Marketed as supplying “clean energy”, the complex meets the industrial demands of the southern and north-eastern regions of Brazil. However, this appears to only refer to reductions in emissions, which themselves have been countered by evidence of increased greenhouse gas emissions from dams.

In response to these claims, the Norte Energia spokesperson said that hydroelectric power plants are expected to emit greenhouse gases. These emissions have been considered in Belo Monte’s Environmental Impact Assessment and are being compensated through initiatives including restoring local native vegetation and investments in conservation.

Deforested land under a cloudy sky
The Belo Monte complex under construction. Anfri/Pixabay

What’s more, the complex only generates 40% (4,571 megawatts) of its 11,233 megawatt capacity due to the large seasonal changes in flow rate of the Xingu River. A 2009 analysis predicted that the variability of the river’s flow – that reaches up up to 23 million litres per second under natural conditions – would result in unreliable energy generation and conflict over water use.

Although IBAMA judged in 2019 that efforts to mitigate the dam’s impact were insufficient to prevent marked ecological disruption, it permitted continuing diversion of water in February 2021.

As a result, the annual river cycles that sustained communities for generations have been destroyed along more than 120km of the Volta Grande.

A fisherman we interviewed warned, “These children of ours … won’t have the privileges that we had, and can learn nothing, I guarantee that. There’s nowhere for them now.”

The transformation of the region has resulted in the flooding of areas above the dam and droughts to areas below, as well as significantly decreased fish populations and destruction of fish nurseries.

Two images of fish held in person's hands
Adult individuals of the armoured cat-fish (Loricariidae) endemic to Xingu River show sunken eyes, lesions on the lips and fins, wounds on the skin and loss of teeth. André Oliveira Sawakuchi, Author provided

survey carried out by a team from the Federal University of Para in two areas shortly after the river’s flow was reduced also found the first signs of disappearance of organisms like “sarobal”: a type of vegetation that grows on rocks in the Xingu river bed, fundamental for the reproduction of many fish species.

A fisherwoman explained that sarobal “are resistant plants that when the river is flooded, they are submerged, but they do not die … sarobal has a lot of fruit and fish consume the fruit … I think almost every fish depends on it.”

Research found that these plants can withstand direct solar radiation, extremely high temperatures and cycles of severe drought, making their dwindling presence even more alarming.

An island in the middle of a river
The habitat of the sarobal, a plant vital for many river species. Yuri Silva (CC BY-NC-ND 4.0)

Second project

The exploitation of this stretch of the Xingu River has been exacerbated by a second threat to the Amazonian ecosystem. The planned construction of Brazil’s largest open-pit gold mine within the Belo Monte dam area by Canadian company Belo Sun has been criticised for providing environmental impact assessments that allegedly ignore serious environmental contamination and violations of indigenous rights.

Now, groups campaigning against this project say they are subject to violent threats, although it has not been established who is behind this. A local resident explained to researchers: “Here we feel intimidated. The guys are really well armed, while we work just with our machete and our hoe.”

These claims appear to illustrate the stark power inequities in this region of Pará – the region with the highest number of attacks on indigenous leaders in Brazil in recent years – as well as the broader social consequences of energy creation schemes.

At the time of publication, Belo Sun had not responded to a request for comment on points raised in this article.

Banner image:  International Rivers/Flickr (CC BY-NC-SA 2.0)

Solving for the wrong variable

Solving for the wrong variable

This is an excerpt from the book Bright Green Lies, P. 20 ff

By Derrick Jensen, Lierre Keith and Max Wilbert

What this adds up to should be clear enough, yet many people who should know better choose not to see it. This is business-as- usual: the expansive, colonizing, progressive human narrative, shorn only of the carbon. It is the latest phase of our careless, self-absorbed, ambition-addled destruction of the wild, the unpolluted, and the nonhuman. It is the mass destruction of the world’s remaining wild places in order to feed the human economy. And without any sense of irony, people are calling this “environmentalism.1 —PAUL KINGSNORTH

Once upon a time, environmentalism was about saving wild beings and wild places from destruction. “The beauty of the living world I was trying to save has always been uppermost in my mind,” Rachel Carson wrote to a friend as she finished the manuscript that would become Silent Spring. “That, and anger at the senseless, brutish things that were being done.”2 She wrote with unapologetic reverence of “the oak and maple and birch” in autumn, the foxes in the morning mist, the cool streams and the shady ponds, and, of course, the birds: “In the mornings, which had once throbbed with the dawn chorus of robins, catbirds, doves, jays, and wrens, and scores of other bird voices, there was now no sound; only silence lay over the fields and woods and marshes.”3 Her editor noted that Silent Spring required a “sense of almost religious dedication” as well as “extraordinary courage.”4 Carson knew the chemical industry would come after her, and come it did, in attacks as “bitter and unscrupulous as anything of the sort since the publication of Charles Darwin’s Origin of Species a century before.”5 Seriously ill with the cancer that would kill her, Carson fought back in defense of the living world, testifying with calm fortitude before President John F. Kennedy’s Science Advisory Committee and the U.S. Senate. She did these things because she had to. “There would be no peace for me,” she wrote to a friend, “if I kept silent.”6

Carson’s work inspired the grassroots environmental movement; the creation of the Environmental Protection Agency (EPA); and the passage of the Clean Air Act, the Clean Water Act, and the Endangered Species Act. Silent Spring was more than a critique of pesticides—it was a clarion call against “the basic irresponsibility of an industrialized, technological society toward the natural world.”7 Today’s environmental movement stands upon the shoulders of giants, but something has gone terribly wrong with it. Carson didn’t save the birds from DDT so that her legatees could blithely offer them up to wind turbines. We are writing this book because we want our environmental movement back.

Mainstream environmentalists now overwhelmingly prioritize saving industrial civilization over saving life on the planet. The how and the why of this institutional capture is the subject for another book, but the capture is near total. For example, Lester Brown, founder of the Worldwatch Institute and Earth Policy Institute—someone who has been labeled as “one of the world’s most influential thinkers” and “the guru of the environmental movement”8—routinely makes comments like, “We talk about saving the planet.… But the planet’s going to be around for a while. The question is, can we save civilization? That’s what’s at stake now, and I don’t think we’ve yet realized it.” Brown wrote this in an article entitled “The Race to Save Civilization.”9

The world is being killed because of civilization, yet what Brown says is at stake, and what he’s racing to save, is precisely the social structure causing the harm: civilization. Not saving salmon. Not monarch butterflies. Not oceans. Not the planet. Saving civilization. Brown is not alone. Peter Kareiva, chief scientist for The Nature Conservancy, more or less constantly pushes the line that “Instead of pursuing the protection of biodiversity for biodiversity’s sake, a new conservation should seek to enhance those natural systems that benefit the widest number of [human] people…. Conservation will measure its achievement in large part by its relevance to [human] people.”10 Bill McKibben, who works tirelessly and selflessly to raise awareness about global warming, and who has been called “probably America’s most important environmentalist,” constantly stresses his work is about saving civilization, with articles like “Civilization’s Last Chance,”11 or with quotes like, “We’re losing the fight, badly and quickly—losing it because, most of all, we remain in denial about the peril that human civilization is in.”12

We’ll bet you that polar bears, walruses, and glaciers would have preferred that sentence ended a different way.

In 2014 the Environmental Laureates’ Declaration on Climate Change was signed by “160 leading environmentalists from 44 countries” who were “calling on the world’s foundations and philanthropies to take a stand against global warming.” Why did they take this stand? Because global warming “threatens to cause the very fabric of civilization to crash.” The declaration con- cludes: “We, 160 winners of the world’s environmental prizes, call on foundations and philanthropists everywhere to deploy their endowments urgently in the effort to save civilization.”13

Coral reefs, emperor penguins, and Joshua trees probably wish that sentence would have ended differently. The entire declaration, signed by “160 winners of the world’s environmental prizes,” never once mentions harm to the natural world. In fact, it never mentions the natural world at all.

Are leatherback turtles, American pikas, and flying foxes “abstract ecological issues,” or are they our kin, each imbued with their own “wild and precious life”?14 Wes Stephenson, yet another climate activist, has this to say: “I’m not an environmentalist. Most of the people in the climate movement that I know are not environmentalists. They are young people who didn’t necessarily come up through the environmental movement, so they don’t think of themselves as environmentalists. They think of themselves as climate activists and as human rights activists. The terms ‘environment’ and ‘environmentalism’ carry baggage historically and culturally. It has been more about protecting the natural world, protecting other species, and conservation of wild places than it has been about the welfare of human beings. I come at from the opposite direction. It’s first and foremost about human beings.”15

Note that Stephenson calls “protecting the natural world, protecting other species, and conservation of wild places” baggage. Naomi Klein states explicitly in the film This Changes Everything: “I’ve been to more climate rallies than I can count, but the polar bears? They still don’t do it for me. I wish them well, but if there’s one thing I’ve learned, it’s that stopping climate change isn’t really about them, it’s about us.”

And finally, Kumi Naidoo, former head of Greenpeace International, says: “The struggle has never been about saving the planet. The planet does not need saving.”16 When Naidoo said that, in December 2015, it was 50 degrees Fahrenheit at the North Pole, much warmer than normal, far above freezing in the middle of winter.

 

1 Paul Kingsnorth, “Confessions of a recovering environmentalist,” Orion Magazine, December 23, 2011.

2 Rachel Carson, Silent Spring (Greenwich, CT: Fawcett Publishing, 1962), 9.

3 Ibid, 10.

4 Ibid, 8.

5 Ibid, 8.

6 Ibid, 8.

7 Ibid, 8.

8 “Biography of Lester Brown,” Earth Policy Institute.

9 Lester Brown, “The Race to Save Civilization,” Tikkun, September/October 2010, 25(5): 58.

10 Peter Kareiva, Michelle Marvier, and Robert Lalasz, “Conservation in the Anthropocene: Beyond Solitude and Fragility,” Breakthrough Journal, Winter 2012.

11 Bill McKibben, “Civilization’s Last Chance,” Los Angeles Times, May 11, 2008.

12 Bill McKibben, “Global Warming’s Terrifying New Math,” Rolling Stone, August 2, 2012.

13 “Environmental Laureates’ Declaration on Climate Change,” European Environment Foundation, September 15, 2014. It shouldn’t surprise us that the person behind this declaration is a solar energy entrepreneur. It probably also shouldn’t surprise us that he’s begging for money.

14 “Wild and precious life” is from Mary Oliver’s poem “The Summer Day.” House of Light (Boston, MA: Beacon Press, 1992).

15 Gabrielle Gurley, “From journalist to climate crusader: Wen Stephenson moves to the front lines of climate movement,” Commonwealth: Politics, Ideas & Civic Life in Massachusetts, November 10, 2015.

16 Emma Howard and John Vidal, “Kumi Naidoo: The Struggle Has Never Been About Saving the Planet,” The Guardian, December 30, 2015.

Experts see no way back for NZ firm blocked from trying to mine the seabed

Experts see no way back for NZ firm blocked from trying to mine the seabed

This story first appeared in Mongabay.

By  Elizabeth Claire Alberts

  • The New Zealand Supreme Court recently blocked consent for a seabed mining operation that would annually extract 50 million tons of iron ore from the seabed off the coast of South Taranaki.
  • Environmentalists see this decision as a clear victory, but the mining company has stated its intention to reapply for mining permission.
  • But experts say it’s unlikely the company, Trans-Tasman Resources Limited (TTR), will be able to regain consent due to fundamental issues with its application, such as the distinct lack of baseline studies on resident marine life and the potential impacts of mining.
  • Conservationists say seabed mining in this part of New Zealand would cause irreversible damage to the ecosystem and threaten many rare and endangered species.

Conservationists have expressed hope that a New Zealand company whose bid to mine the seabed was blocked by the country’s highest court last month has little chance of winning approval.

The Supreme Court of New Zealand ruled unanimously on Sept. 30 to block consent for the mining operation that would extract millions of tons of iron ore from the seabed off the coast of South Taranaki on the nation’s North Island. Experts say that the decision was primarily based on the finding that mining company Trans-Tasman Resources Limited (TTR) could not illustrate that its activities would not cause “material harm” to the environment.

While TTR seems confident that it will be able to reapply for mining consent, conservationists who have spent years campaigning against seabed mining in New Zealand say the company will not find an easy path due to fundamental issues in its application. For instance, they point out that TTR’s most recent application lacked studies about resident marine life and the impacts of mining on species and the overall ecosystem.

“The company hadn’t done its homework,” Cindy Baxter, chair of Kiwis Against Seabed Mining (KASM), one group that opposed the mining application, told Mongabay in an interview. “It didn’t even have baseline data for where it wanted to mine, so no one can even measure what the [impacts] would be if it went ahead.”

Duncan Currie, an international environmental lawyer who acted as counsel to KASM and Greenpeace Aotearoa, said it would be “extremely difficult” for TTR to get its application reapproved due to this lack of baseline data. He added that researching to obtain this data would be like “throwing the money away” since it would still be unlikely for TTR to prove that mining would not cause material harm to marine life.

South Taranaki coast near Patea, New Zealand. Image by Phillip Capper / Flickr.

TTR’s application proposed to extract 50 million tons of iron-rich sand from a 66 -square -kilometer (23-square-mile) area of the seabed each year over a period of 35 years. But it would take just take 5 million tons of iron-ore each year and dump the remaining 45 million tons of sand back into the ocean.

Conservationists say the mining would have caused irreversible damage to the environment by smothering sensitive rocky coral reef systems with sediment plumes. Mining residue and noise pollution could also threaten the survival of many species, including New Zealand’s little blue penguins (Eudyptula minor) and critically endangered Māui dolphin (Cephalorhynchus hectori maui), experts say. The region has also recently been recognized as a foraging ground for a newly identified population of pygmy blue whales (Balaenoptera musculus brevicauda).

In the lead-up to the Supreme Court decision, there were weeks of hearings and submissions by conservation groups such as KASM and Greenpeace Aotearoa, iwi (Maori tribes), independent scientists and even the fishing industry.

“I’ve campaigned on bottom trawling, and there we were hand in hand with the fishing industry,” Baxter said. “But the fishing industry can see the potential impact to their business … and I think we won really in the process because our environmental arguments were so strong.”

In 2017, New Zealand’s Environmental Protection Agency granted TTR consent on its application to mine the seabed off the coast of South Taranaki. But in 2018, New Zealand’s high court reversed the EPA’s decision. TTR then made an appeal to New Zealand’s court of appeals, but the company was not successful.

“What was interesting there is that the [decision-making] committee specifically said in the recommendation [for the first application] that the applicant should go back and do some of these studies because basically, they hadn’t done [them],” Duncan said. TTR’s latest application still lacked these baseline studies, but did include “new plume modeling,” according to Duncan.

The new plume modeling suggested that the sediment would not cause as much harm to the marine environment as previously thought. Yet Phil McCabe, the Pacific liaison for the Deep Sea Conservation Coalition, told Mongabay that the modeling was “questionable.”

TTR did not respond to Mongabay’s request for comment. But in a statement published shortly after the Supreme Court’s decision, Alan J. Eggers, executive chairman of TTR, said the company was “satisfied” with the court’s decision since it would have the opportunity to reapply.

If TTR does resubmit an application for mining, Baxter said, it will face the same opposition from environmental groups, scientists, iwi and the fishing industry.

“We’re not going to go away,” she said. “We’re not going to suddenly give up and not bother to oppose any application. We’re going to be there every single step of the way.”

McCabe said a way to ensure that deep-sea mining will not occur in the future is for New Zealand to enact a total ban on the activity.

“The world views us as a country that has a pretty strong moral compass for the environment,” McCabe said. “So I think it’s appropriate for us to stand in place of caution on this issue.

Only a few other nations have pursued plans to allow seabed mining within their territorial waters, although none of these ventures have been allowed to proceed due to environmental concerns. For instance, in 2018, the Mexican government rejected a permit for Exploraciones Oceanicas, a subsidiary of U.S.-based Odyssey Marine Exploration, to start mining for phosphate in the seabed of Mexico’s exclusive economic zone, due to the damage it could cause to habitat for loggerhead turtles, gray whales and humpback whales, as well as local fishing grounds. And in Namibia, the high court recently found the company Namibian Marine Phosphate in breach of its license when it conducted trial mining, which put a halt to its activities.

In 2019, the now-defunct company Nautilus received the first ever license to begin seabed mining in Papua New Guinea (PNG) and started exploratory drilling near a network of hydrothermal vents. But before Nautilus could start extracting any minerals, the company went bankrupt, leaving the PNG government with millions of dollars of debt and the local marine environment severely damaged. David Heydon, the former CEO of Nautilus, went on to found Canada-based company DeepGreen, which recently became The Metals Company when it merged with NASDAQ-listed Sustainable Opportunities Acquisition Corporation.

While seabed mining in nations’ territorial waters faces delays, there is a move to start mining in international waters within the next two years. The Pacific island nation of Nauru, which sponsors the Nauru Ocean Resources Inc. (NORI), a subsidiary of The Metals Company, recently triggered a “two-year rule” that would require the International Seabed Authority (ISA), the U.N.-mandated body overseeing seabed mining in international waters, to allow mining to commence with whatever rules and regulations are in place by then.

There is considerable opposition to deep-sea mining in international waters from scientists, conservationists, governments and civil society. At last month’s congress of global conservation authority the IUCN in Marseille, France, delegates voted overwhelmingly in support of a motion that called for a moratorium on deep-sea mining and the reform of the ISA. Government agencies from 37 states voted in favor of the motion, including Germany, a sponsoring state for a deep-sea mining company.

“There’s a number of things that are stacking up in favor of a moratorium,” McCabe said. “And this New Zealand case is another solid, concrete example of this activity being shown to be too destructive.”

Elizabeth Claire Alberts is a staff writer for Mongabay. Follow her on Twitter @ECAlberts.