Summary/Abstract
This paper explores the application of existing international and domestic (U.S.) law to ocean fertilization research and deployment. The paper finds that international environmental laws will likely apply to some aspects of ocean fertilization projects. UNCLOS, the CBD, the London Convention, and the London Protocol include provisions aimed at minimizing the impact of research and other activities on the marine environment, which could apply to ocean fertilization activities that bring environmental risks. The parties to the CBD, London Convention, and London Protocol have also issued decisions relevant to ocean fertilization, urging parties to refrain from certain ocean fertilization activities until they are better understood. The decisions represent global understanding of legal thinking of such projects, but they are not legally binding. In general, the international legal framework for ocean fertilization includes several gaps, and no comprehensive framework governs.
In terms of U.S. domestic law, the paper finds that the MPRSA will apply to certain ocean fertilization projects. Covered projects will require a permit from EPA and be subject to environmental review and other requirements. The sourcing of materials for use in ocean fertilization may also require permits and other approvals under various U.S. laws, including the General Mining Law, CAA, and CWA.