Deep Seabed Mining: WWF has filed a lawsuit against the government

• Følg søksmålet på norsk: WWF saksøker staten.

WWF-Norway's lawsuit against the government was processed from November 28th to December 5th 2024 in Oslo District Court. The ruling came on February 13th 2025.

The Oslo District Court confirms our right to challenge the government's decision in court. The court also agrees that the case raises an important question that WWF Norway has good reason to challenge legally. The court therefore exempts WWF Norway from legal costs. In addition, the court agreed that the exploration phase had more significant impacts than assumed by the government.

However, the court did not find sufficient reason to invalidate the decision to open areas for deep seabed mining without sufficient knowledge of the consequences for nature. WWF-Norway appealed the ruling from Oslo District Court.

“We do not agree with the assessments made by the Oslo District Court and believe that the ruling contains several serious faults. We have therefore decided to appeal,” Karoline Andaur, CEO of WWF-Norway said.

“The District Court wrongly assumes that the lawsuit is a political battle and has therefore skipped the thorough review of the case processing that the courts are both entitled and obligated to ensure. This is despite the fact that the Norwegian Supreme Court in 2020 clarified that the courts should conduct a comprehensive review of the case processing in these types of cases,” Andaur said.

WWF is appealing the decision in its entirety.

Borgarting Court of Appeal has decided to refer the case to the EFTA Court for an advisory opinion.

The EFTA court gives advisory opinions about the interpretation of the European Economic Area Agreement to the member states. The opinion is not legally binding but serves as important guidance for the court.

The case was submitted in June 2026, and the EFTA court is requested to provide guidance on one key area:

• The EFTA court is asked to clarify the extent of impacts the strategic environmental impact assessment is required to cover, and on what basis certain impacts, such as from onshore processing and radioactive pollution, may be excluded.

The oral hearing is scheduled for October 9th, where the court will hear legal arguments from the parties. On the basis of written and oral arguments, the EFTA court will write an advisory opinion to the court.

The deep sea is home to habitats and species found nowhere else on Earth, and provides essential environmental services. Now this unique and vulnerable nature is threatened by deep seabed mining in Arctic waters.

As one of the first countries in the world, Norway has decided to open areas up for commercial mining activities. The areas are huge, equivalent to the size of the United Kingdom.

The Norwegian government has received massive criticism for the opening process, both by its own environmental authorities, national and international research communities, as well as on the international stage.

"Norway's decision to proceed with opening up vast areas of ocean for destructive mining activities on the seabed, is an unprecedented management scandal. We have never seen a Norwegian government so arrogantly ignore all scientific advice and defy the warnings of leading marine researchers", Karoline Andaur, CEO of WWF-Norway said.

In April 2024, WWF-Norway announced that we intend to take the Norwegian government to court for failing to comply with the impact assessment requirements of the Seabed Minerals Act, if they do not reverse their decision to open areas to deep seabed mining.

"We hoped the notice of a lawsuit would prompt the government to reconsider and withdraw its controversial decision. Unfortunately, WWF-Norway sees no other options but to proceed with legal action", WWFs Karoline Andaur said.

"We believe the government is violating Norwegian law by opening up for a new and potentially destructive industry without adequately assessing the consequences. It will set a dangerous precedence if we allow the government to ignore its own rules, override all environmental advice, and manage our common natural resources blindly", says Andaur.  

WWF-Norway believes that the Ministry of Energy's strategic impact assessment, which forms the basis of the government's decision to open areas, does not meet the minimum legal requirements under the Seabed Minerals Act, rendering the opening illegal.

This concern was also highlighted by the government expert body, the Norwegian Environment Agency, in its public consultation response.

Further, WWF-Norway believes that the strategic impact assessment shows that the government does not have adequate knowledge about the marine environment in the deep sea to be able to assess the consequences of exploration and exploitation, either on the environment, other industries or the Norwegian economy. There are too many and too large knowledge gaps for the legal minimum standard of a strategic impact assessments to be met.

This is the basis for WWF's lawsuit.

WWF also believes that a new and dangerous precedence will be set for how both current and future governments can carry out impact assessments, if the decision is upheld.

"This controversial decision made by the Norwegian government, could have a major negative impact on negotiations on mining in international waters, and in the worst case, contribute to other countries opening up for mining on the seabed in their waters as well – without the necessary knowledge", says Andaur.

Leading scientists from The Norwegian Institute of Marine Research, The Norwegian Polar Institute, The Norwegian Environment Agency, University of Bergen and Norwegian University of Science and Technology have all expressed their concerns regarding the knowledge gap, and warned about the negative consequences of opening up the deep seabed for mining activities.

The international opposition is comprehensive. The European Parliament, the European Commission, the Nordic Council, the UN High Commissioner for Human Rights, the International Union for Conservation of Nature (IUNC), the World Economic Forum, 32 countries and 900 deep-sea researchers worldwide are among those who have spoken up deep seabed. Many of them are asking for a precautionary pause or a moratorium (temporary ban) on deep seabed mining activities unless and until a set of conditions around preventing environmental damage, ensuring good governance, and securing social license can be met.

"While the European Parliament, our Nordic neighbors and a number of other countries call for a moratorium and are taking their time to gather sufficient knowledge, the Norwegian government is planning to issue exploitation licenses already in the first half of 2025. Once again, they show that other priorities take precedence over knowledge-based nature management,” Andaur says.

“It's really difficult to understand why the government chooses to put both nature and Norway's international reputation on the line by continuing this irresponsible and rushed process", she concludes.

• Drilling, excavating and digging on the seabed can destroy vulnerable and unique wildlife and cause damage to habitats.
  
• Loss of wildlife and destruction of habitats in the deep sea can lead to negative impacts on fish populations and other marine life, and cause irreversible damage to the marine environment.
• Expected emissions of chemicals, waste products and particles from mining operations can pollute the marine environment, and may stretch hundreds of kilometers out from the mining site itself.
• By affecting spawning areas, spawning success, migration routes and access to food in the fish's important life stages, deep seabed mining may lead to negative consequences for the fishing industry. Emissions of heavy metals can enter the food chain and affect food safety.
• The deep seabed is the world’s largest carbon storage. We do not know how deep seabed mining may impact this.
• We risk comprehensive negative impacts on wildlife from noise, vibration and light. Noise pollution can radiate up to 500 km from the source.
• Potential future scientific discoveries, such as medicines, may be lost.
• The ocean is worth more than just the value of its limited resources. The long-term benefits of a rich and clean ocean should outweigh any short-term gains from seabed mining.

Read more about the dangers of deep seabed mining here.

Disclaimer top photo: Any opinions and/or conclusions expressed in this product are solely those of the authors and do not necessarily represent the views or opinions of the Centre for Deep Sea Research.