Press Release: Thacker Pass Protectors File First-Ever “Biodiversity Necessity Defense” in Nevada CourtPress Release:

FOR IMMEDIATE RELEASE: Thacker Pass Protectors File First-Ever “Biodiversity Necessity Defense” in Nevada Court

Also pursuing “Climate Necessity Defense” and making allegations that mining company has violated their rights. Attorney: “They’re not criminals; they’re heroes.”

WINNEMUCCA, NV — In a first for the American legal system, the lawyers for six people sued by Lithium Nevada Corporation for protesting the Thacker Pass mine are arguing a ‘biodiversity necessity defense.’

The necessity defense is a legal argument used to justify breaking the law when a greater harm is being prevented; for example, breaking a car window to save an infant locked inside on a stifling hot day, or breaking down a door to help someone screaming inside a locked home. In these cases, trespassing is justified to save a life.

This week’s filing states that “Defendants possessed an actual belief that their acts of protest were necessary to prevent the present, continuing harms and evils of ecocide and irreversible climate change.”

“We’re in the midst of the 6th mass extinction of life on Earth, and it’s being caused by human activities like mining,” said attorney Terry Lodge, who is representing the protesters. “Our lives are made possible by biodiversity and ecosystems. Protecting our children from pollution and biodiversity collapse isn’t criminal, it’s heroic.”

Currently Earth is experiencing one of the most rapid and widespread extinction events in the planet’s 4-billion-year history.

Biologists report that habitat destruction, like the bulldozing of nearly 6,000 acres of biodiverse sagebrush steppe for the Thacker Pass mine, is the main cause of this “6th Mass Extinction.”

Permitting documents for the Thacker Pass mine show the project will harm or kill pronghorn antelope, golden eagles, mule deer, migratory birds, burrowing owls, bobcats, roughly a dozen bat species, various rare plants, and hundreds of other species.

The U.S. Fish and Wildlife Service is currently being sued by environmental groups in an attempt to secure protection for a rare snail species who lives in Thacker Pass and who are threatened with extinction.

“Our ancestors fought and died for the land at Peehee Mu’huh,” says Dean Barlese, an elder and spiritual leader from the Pyramid Lake Paiute Tribe who is one of the defendants in the case. “We’ve acted for the coming generations to protect Mother Earth.”

In their court filing earlier this week, Lodge and the other attorneys working on the case made several additional legal arguments, including invoking the doctrine ‘unclean hands,’ asserting that Lithium Nevada Corporation has “engaged in serious misconduct including violating the Defendants’ human rights, Defendants’ civil rights, misleading the public about the impacts of lithium mining and how lithium mining contributes to climate change and biodiversity collapse, and conducting the inherently dangerous and ecologically-destructive practice of surface mining at the Thacker Pass mine”.

They’re also arguing the “climate necessity defense,” reasoning that by attempting to stop a major mine that will produce significant greenhouse gas emissions, the protesters were acting to reduce emissions and stop a bigger harm: climate change.

According to permitting documents, the Thacker Pass lithium mine is expected to produce more than 150,000 tons of carbon dioxide equivalent per year, roughly equivalent to the emissions of a small city and amounting to 2.3 tons of carbon for every ton of lithium that will be produced.

This legal strategy has been used by many fossil fuel protesters around the world for roughly a decade (and has been successful in a few cases), but this is the first time the same argument has been applied to a ‘green technology’ minerals mining project.

“Lithium Nevada, a mining corporation benefiting from the violence used to conquer Native peoples, is trying to bully peaceful protestors opposing the destruction of that massacre site,” said Will Falk, an attorney and one of the defendants in the case.

“People need to understand that lithium mining companies—like coal or gold mining companies—use racist and violent tactics to intimidate opposition.”

“The Indian wars are continuing in 2023, right here,” Barlese says. “America and the corporations who control it should have finished off the ethnic genocide, because we’re still here. My great-great-grandfather fought for this land in the Snake War and we will continue to defend the sacred. Lithium Nevada is a greedy corporation telling green lies.”

Bethany Sam:
“Our people couldn’t return to Thacker Pass for fear of being killed in 1865, and now in 2023 we can’t return or we’ll be arrested. Meanwhile, bulldozers are digging our ancestors graves up. This is what Indigenous peoples continue to endure. That’s why I stood in prayer with our elders leading the way.”

Bhie-Cie Zahn-Nahtzu:
“Lithium Nevada is a greedy corporation on the wrong side of history when it comes to environmental racism and desecration of sacred sites. It’s ironic to me that I’m the trespasser because I want to see my ancestral land preserved.”

“It is truly outrageous that we live in a society where our Supreme Court has granted constitutional rights to resource extraction corporations, making their destructive activities fully legal and virtually immune from oversight by We the People. Even their right to sue us is a corporate personhood right,” said defendant Paul Cienfuegos, founding director of Community Rights US.

“Lithium mining for electric vehicles and batteries isn’t green, it’s greenwashing,” says Max Wilbert, co-founder of Protect Thacker Pass and author of the book Bright Green Lies: How the Environmental Movement Lost Its Way and What We Can Do About It. “It’s not green, it’s greed. Global warming is a serious problem and we cannot continue burning fossil fuels, but destroying mountains for lithium is just as bad as destroying mountains for coal. You can’t blow up a mountain and call it green.”

Earlier this month, the judge presiding over the case dismissed an “unjust enrichment” charge filed against the protesters, but allowed five other charges to move forward. The case is expected to continue for months.

About the Case

The lawsuit against the protestors was filed in May 2023 following a month of non-violent protests on the site of the Thacker Pass lithium mine in northern Nevada. Thacker Pass is known as Peehee Mu’huh in Paiute, and is a sacred site to regional Native American tribes. It’s also habitat for threatened and endangered wildlife.

Analysts say the lawsuit is similar to what is called a “Strategic Lawsuit Against Public Participation,” or SLAPP suit, aimed at shutting down Constitutionally-protected free speech and protest. It aims to ban the water protectors from the area and force them to pay monetary damages.

On September 12th, 1865, federal soldiers murdered at least 31 Paiute men, women, and children in Thacker Pass during “The Snake War.”

This massacre and other culturally important factors have made the Thacker Pass mine extremely controversial in the Native American community. Dozens of tribes have spoken out against the project, and four — the Reno-Sparks Indian Colony, Summit Lake Paiute Tribe, Burns Paiute Tribe, and Winnemucca Indian Colony — battled in court to stop the Thacker Pass mine. The National Congress of American Indians has also passed several resolutions opposing the project.

But despite ongoing criticism, lawsuits, and lobbying from tribes as well as environmental groups, ranchers, the Nevada State Historic Preservation Society, and the Advisory Council on Historic Preservation, both Lithium Nevada Corporation and the Bureau of Land Management have refused to stop construction or change any aspect of the Thacker Pass mine.

In February 2023, the Bureau of Land Management recognized Thacker Pass as eligible for the National Register of Historic Places as a “Traditional Cultural District,” or a landscape that’s very important to tribes. But the very day before, they issued Lithium Nevada’s final bond, allowing the Canadian multinational to begin full-scale mining operations.


New report outlines how mining harms communities and the planet

Today, Protect Thacker Pass is announcing the release of a new comprehensive report, “How Mining Hurts Communities.”

The report focuses on the growth of mining and especially rapidly growing demand for lithium, cobalt, nickel, copper, and other metals for use in “green technologies.” According to the report, at least 384 new mines for minerals such as graphite, lithium, nickel, and cobalt will need to be built in the next decade to meet projected 2035 demand for batteries.

“Mining may impact your community sooner than you think,” says lead author Elisabeth Robson. “We are on the brink of the biggest expansion of mining in history.”

The report includes information about:

  • Projected mining industry growth
  • How mining harms ecosystems
  • Eight mining and extraction case studies from around the world
  • The scale of mining globally
  • The relationship between indigenous communities and the mining industry
  • Links between extractive industries, violence against women, and other crimes
  • Analysis of mining law
  • The relationship between fossil fuel industries and mining

Mining has a long history in the western U.S., and especially in Nevada, known as the “Silver State” for the first major discovery of silver ore in the United States in 1859. Silver and gold were mined to enrich prospectors; copper, lead, and iron to supply the military; and of course oil and gas to fuel the modern economy.

Today, we are seeing a new “green rush” for so-called “critical minerals” to supply industry, including uranium for nuclear power; lithium, copper, nickel, and more for electric vehicle and grid storage batteries, iron and nickel for steel to make wind turbines; silver, cadmium, lead and more to make solar panels; and copper, iron, and nickel to make high voltage grid lines.

“Most people do not understand the impact that mines and the mining industry have on communities, in part because mining usually takes place in rural areas and has the most impact on poor and rural communities,” says Protect Thacker Pass co-founder Max Wilbert, who assisted with the report. “These harms include destruction of land culturally and historically important to communities; violence, especially to women and girls; and pollution that impacts both human and non-human communities who depend on the land, clean water, and clean air.”

Robson says the goal of this report is to educate and empower people to fight the mining industry, and to challenge the idea of “green growth.”

“We’ve put together this report to inform people concerned about mining’s impacts in their communities, around the state of Nevada, and throughout the country and the world,” she said. “We show how mining companies stifle dissent, how the law sides unjustly with corporations, how mining pollutes the land, air, and water, and how mining destroys the ecosystems we all depend on for life.”

You can download the report for:
1) Reading on a computer screen
2) Printing (we recommend printing double sided and stapling along the edge)

Contact us for more information here:

For ideas for a future without mining and extraction, you can read our Solutions here:

To donate to Protect Thacker Pass and help us educate communities, or contribute to our legal defense fund, click here:

About Protect Thacker Pass

Protect Thacker Pass is a grassroots community organization that was originally established to oppose the Thacker Pass lithium mine in northern Nevada. It’s mission has since expanded to include opposing the Jindalee lithium mine proposed just north of Thacker Pass and to include advocating for nature over mining more broadly.

Press Release: Judge Tosses One Claim Against Thacker Pass Protectors


Judge Tosses One Claim Against Thacker Pass Protectors

Rejects “Unjust Enrichment” Claim, But Five Other Claims Proceed in Ongoing Lawsuit Over Spring 2023 Protests

WINNEMUCCA, NV — A judge has dismissed an “unjust enrichment” charge filed against seven people sued for protesting the Thacker Pass lithium mine in Nevada, but allowed five other charges to move forward.

District Judge Michael R. Montero rejected Lithium Nevada Corporation’s claims that protesters had engaged in unjust enrichment by writing online messages encouraging supporters to donate, ruling that these messages are “protected speech under the First Amendment.”

“This is a very significant win for my clients and a rebuke to Lithium Nevada,” says Terry Lodge, an attorney representing six of the protesters. “But,” Lodge says, “we’ve still got a long way to go in this case.”

“It isn’t illegal or wrong to fundraise for community organizing and for our legal defense,” says Max Wilbert, one of the defendants.

While one portion of Montero’s ruling was favorable to the protesters, other portions were not. Judge Montero issued a prelimary ruling in Lithium Nevada’s favor on five other claims. But, Lodge says that at this stage, the judge was not determining whether Lithium Nevada’s claims are true or not. He was simply reviewing Lithium Nevada’s allegations, taking them as true, and determining whether those allegations were violations of Nevada law.

These five other claims will now move into the next stage in the ongoing suit. During the “discovery” stage, both Lithium Nevada and the defendants will have an opportunity to gather evidence.

Native Land Claims “Frivolous”

In another part of his ruling, Judge Montero called arguments that a Paiute protester has a right to access the September 12, 1865 Thacker Pass massacre site within Lithium Nevada’s mine site to pray for massacred Paiute ancestors “frivolous”. The ruling states that recognizing traditional native land claims “would unequivocally undermine each and every property owner’s rights” and concludes that “[t]his is a Pandora’s box the Court is unwilling to open.”

The defendants are seeking monetary donations to their legal defense fund. You can donate via credit or debit card, PayPal (please include a note that your donation is for Thacker Pass legal defense), or by check.

Arlo Crutcher Removed at Fort McDermitt

In other news, Fort McDermitt Tribal Chairman Arlo Crutcher has been voted off the tribal council after attacking and choking a tribal youth in mid-January.

Crutcher was the key figure behind the Fort McDermitt Tribe’s cooperation with Lithium Nevada Corporation.

The January attack took place as the youth — a mine opponent — attempted to film Crutcher and other tribal leaders meeting with Lithium Americas employees Tim Crowley (VP of Government and External Affairs) and Maria Anderson (Community Relations Director).

Mine opponents blame this violence on Lithium Nevada’s “divide and conquer” techniques.

About the Case

The suit was filed in May 2023 following a month of non-violent protests on the site of the Thacker Pass lithium mine in northern Nevada. Thacker Pass is known as Peehee Mu’huh in Paiute, and is a sacred site to regional Native American tribes. It’s also habitat for threatened and endangered wildlife.

Analysts say the lawsuit is similar to what is called a “Strategic Lawsuit Against Public Participation,” or SLAPP suit, aimed at shutting down Constitutionally-protected free speech and protest. It aims to ban the water protectors from the area and force them to pay monetary damages.

“Our ancestors fought and died for the land at Peehee Mu’huh,” says Dean Barlese, an elder and spiritual leader from the Pyramid Lake Paiute Tribe who is one of the defendants in the case. “We’ve acted for the coming generations to protect Mother Earth.”
On September 12th, 1865, federal soldiers murdered at least 31 Paiute men, women, and children in Thacker Pass during “The Snake War.”

This massacre and other culturally important factors have made the Thacker Pass mine extremely controversial in the Native American community. Dozens of tribes have spoken out against the project, and four — the Reno-Sparks Indian Colony, Summit Lake Paiute Tribe, Burns Paiute Tribe, and Winnemucca Indian Colony — battled in court to stop the Thacker Pass mine. The National Congress of American Indians has also passed several resolutions opposing the project.

But despite ongoing criticism, lawsuits, and lobbying from tribes as well as environmental groups, ranchers, the Nevada State Historic Preservation Society, and the Advisory Council on Historic Preservation, both Lithium Nevada Corporation and the Bureau of Land Management have refused to stop construction or change any aspect of the Thacker Pass mine.

In February 2023, the Bureau of Land Management recognized Thacker Pass as eligible for the National Register of Historic Places as a “Traditional Cultural District,” or a landscape that’s very important to tribes. But the very day before, they issued Lithium Nevada’s final bond, allowing the Canadian multinational to begin full-scale mining operations.


Thacker Pass, Super Bowl Commercials, and Why Taylor Swift Doesn’t Scare Me

For the past three years, I’ve been involved in a campaign to stop the Lithium Nevada Corporation from destroying a beautiful mountain pass in northern Nevada – known as Thacker Pass in English, or Peehee mu’huh in the local Numic (Paiute) language – to extract lithium from the land for electric car batteries. Thacker Pass is some of the best remaining greater sage grouse habitat left on Earth. Thacker Pass is home to pronghorn antelope, coyotes, sage brush, meadowlarks, rattlesnakes, pygmy rabbits, kangaroo rats, golden eagles, a rare snail known as the King’s River Pyrg that is threatened with extinction by the Thacker Pass Lithium Mine, amongst many other creatures. Thacker Pass was also the site of two massacres of Paiute people including the September 12, 1865 massacre where federal soldiers massacred at least 31 men, women, and children in the Snake War which was fought over…wait for it…mining encroachments on Native land.

We lost the campaign. Mine construction proceeds full speed ahead and hundreds, if not thousands, of acres of Thacker Pass are being carved up right now by Lithium Nevada. Though we lost the campaign and the mine is being constructed, four Native folks and three settler allies (myself included) were sued by Lithium Nevada for “trespassing” on public land to protest the mine. We might end up owing Lithium Nevada – a corporation profiting from the destruction of threatened species’ habitat and the final resting places of massacred Paiutes – hundreds of thousands of dollars for our peaceful protest. The case against us is still in its early stages so we’ll probably be fighting that lawsuit for months, at least. All while the violation of Thacker Pass and all the creatures who live there only gets worse.

Tonight, I will watch the Super Bowl – and the inevitable deluge of electric vehicle commercials that corporations will spend hundreds of millions of dollars to ensure are witnessed by millions if not billions of people worldwide. (Yes, I know the Super Bowl is not the biggest sporting event on Earth. Still, it is widely viewed in North America, Europe, and parts of Africa.) The electric vehicle commercials are infuriating, of course. But, truth be told, most commercials infuriate me because virtually every one of them are wickedly designed to manipulate both the conscious and unconscious parts of our mind to consume evermore stuff. And, what does consuming evermore stuff – whether it’s consuming evermore Coca-Cola, Coors Light, that new dog food brand that you refrigerate, or electric vehicles – do?

It destroys more of what’s left of the natural world. And, at a time when human population has overshot the Earth’s carrying capacity, literally anything you consume destroys the natural world in an unsustainable manner.

But, what will really infuriate me while watching the Super Bowl will be the echo of all the people who criticized those of us working to stop the Thacker Pass mine for owning automobiles (and using them to get to Thacker Pass to confront mining there), for owning computers (and using them to educate the world about what mining does), for owning cell phones (and using them to organize resistance to the mine.) I will be infuriated because these people seem to truly believe that the destruction of the planet can be stopped if the precious few of us who both 1. actually care about the destruction of the planet and 2. are willing to do more than just tell everyone how much we care about the destruction of the planet just give up our cars, computers, and phones. Meanwhile, the corporations who profit from destroying the natural world will gain access to the consciousness of billions of people with their commercials encouraging everyone that if they just spend a smooth $60,000 or $70,000 on a sleek new electric vehicle they can stop the destruction of the planet and appear very virtuous while they’re at it.

Unfortunately, manufacturing electric vehicles includes the same fossil-fuel intensive processes that manufacturing anything (including traditional vehicles) does. When you buy your groovy new Tesla, you need to see the destruction of places like Thacker Pass, the deaths of child laborers in mines in the Congo, the murder of golden eagles reflected in that polished gleam your car salesman is so good at achieving.

But you also need to understand that just like simply buying an electric vehicle isn’t going to save the planet, simply refraining from buying an electric vehicle isn’t going to save the planet, either. Why? Because the global economy is based on the destruction of the natural world. This is true whether we’re talking about destroying the natural world for electric vehicles, whether we’re talking about destroying the natural world for agriculture, or whether we’re talking about destroying the natural world with the pollution nearly 9 billion humans make just from eating, pooping, and sheltering themselves. (Yes, people in the so-called First World use many more resources than others, but per capita consumption by all humans is increasing).

Because nearly every human life today is only possible through the destruction of the natural world, we’re simply not going to convince enough people to ever make the sacrifices necessary to keep the world from ecological collapse. This is especially true when those most responsible for destroying the natural world can put their propaganda in every American living room through things like television commercials more or less constantly. And, please, if you think that a few of us “leading by example” or “being the change” by giving up tools like computers will ever be as persuasive as Super Bowl commercials, then please keep in mind that virtually every traditional culture that thrived with stone age technologies has been massacred, forcibly assimilated, or otherwise destroyed upon contact with the dominant industrial culture. Those 31 Paiutes murdered in Thacker Pass by federal soldiers for standing in the way of mines are just one of countless examples of that.

Am I saying “give up?” Hell, no. I’m saying that we have to think much bigger than personal responsibility, lifestyle changes, or consumption choices. We can’t pat ourselves on our backs for arguing with people who disagree with us online, for buying a “green” product, for writing passionate essays.

Which brings me to Taylor Swift. I played college football. And for the first 22 years of my life, playing the game of football was my favorite thing to do on Earth. So, yes, I have been watching the NFL this year and have followed the Travis Kelce – Taylor Swift story. I’ve watched as some conservatives – believing that God has mandated that they try to put in her place an uppity, successful woman who points out some forms of misogyny – lose their minds about Taylor Swift. I’ve watched as some environmentalists – believing Mother Earth has mandated that they put an individual woman who boards planes which burn fossil fuels – lose their minds about Taylor Swift. I’ve watched as some feminists – believing the Goddess has ordered them to protect a single billionaire because she’s a successful woman that some men have criticized – lose their minds about Taylor Swift. (Full Disclosure: I do not know Taylor Swift, but I have a partner who cheers my activism on like Taylor Swift cheers Travis Kelce on. And that means something to me.)

But, here’s the thing: I see far fewer of anyone losing their minds about the current mass extinction event we’re living through, far fewer of anyone losing their minds about the fact that we’ve lost over 70% of vertebrate species on Earth since 1970, far fewer of anyone losing their minds about the fact that we can’t convince anyone to do hardly anything to actually stop any of this.

We’re not going to convince most people to make the sacrifices necessary to make sure there’s a livable planet to watch the Super Bowl on, to complain about Taylor Swift on, to complain about those who complain about Taylor Swift on, to – you know – live on. The good news is we don’t need to convince most people. We just need to deprive most people of the tools they need to continue to destroy the Earth, our only home. Worried about misogyny and porn culture? You don’t have to convince internet servers to stop serving pornography if you smash them. Worried about climate change? You don’t have to convince oil refineries to stop refining if you break them. Worried about how mass media affects us? You don’t have to convince televisions to stop brainwashing people if you pull enough power lines down.

I know that’s scary to think about. I know it would be scary to do. But, isn’t the collapse of life on Earth scarier? Scarier, at least, than team mascots, football games, or Taylor Swift?

Let’s fight back together

Yesterday, I attended a Tribal Leaders Summit at the University of Nevada, Reno (UNR) with the Reno-Sparks Indian Colony (RSIC). The event was hosted by UNR’s Office of Indigenous Relations, University Center of Economic Development, and the Nevada Indian Commission. The second half of the event was devoted to UNR faculty trying to sell the Tribes on Joe Biden’s designation of UNR as a “TechHub” with support for Nevada’s new lithium economy. Faculty proudly presented about all the jobs lithium mining and electric car battery manufacturing would bring to the region. Nevada Governor Joe Lombardo made an obligatory appearance and filled a full 10 minutes of the 30 minutes he was scheduled to speak for before peeling out to attend to more important matters.

As UNR faculty presented, I found myself getting angrier and angrier. My friend and colleague RSIC Tribal Historic Preservation Officer Michon Eben was too. I was afraid we were the only ones until Te-Moak Chairman Joseph Holley asked Dr. Mridul Guatam, UNR’s Vice President of Research and Innovation, about just how “clean” or “green” lithium mining really was. Dr. Guatam pretended not to know. And, then several of the Western Shoshone representatives proceeded to inform the UNR faculty about how mining has devastated Western Shoshone homelands. One Western Shoshone leader called her homelands a “hellscape.”

Because Dr. Guatam danced around the question about just how “clean” lithium mining is, I was allowed the microphone to explain how the Thacker Pass Lithium Mine, by Lithium Nevada’s own numbers, will produce over 150,000 tons of carbon dioxide equivalent emissions annually, will burn over 12,000 gallons of diesel on-site daily, and requires sulfuric acid obtained from oil refineries. Noticing that UNR faculty were advocating for lithium mining while standing next to a prayer staff with eagle feathers, I explained that Lithium Nevada has been granted permits to kill golden eagles for the Thacker Pass mine. I also explained how racist it is that UNR faculty were so proud of the jobs created by lithium mining when the First Nations who have lived in the region from time immemorial, and who were ethnically cleansed from the land lithium mines are now destroying, have no right of consent over these mines, even when those mines destroy the most sacred places in the world to Native communities.

I have no idea whether the UNR faculty who presented yesterday actually believe the ideas they were spewing. I suspect they do. I suspect they’ve convinced themselves that more mining, more steel manufacturing, more plastic production, more pollution for electric vehicles is the only way to stop climate change. I suspect that they’ve further convinced themselves that Native peoples are backwards and selfish for not being willing to sacrifice what’s left of their homelands for another mining boom. I suspect that they resent organizations like Protect Thacker Pass that insist that its wrong to sacrifice greater sage grouse, sage brush steppe, Lahontan cutthroat trout, and golden eagles for products like electric vehicles that simply are not necessary for anyone’s survival.

Regardless, even if UNR faculty are just doing their job or presenting what their bosses tell them they must, this is no excuse for participating in ecocide and the destruction of Native culture. In effect, what UNR communicated to the tribes was: The lithium industry is going to mine. You can’t stop them. You have no right to say no. So, you might as well take a few jobs. You might as well take a little money from the corporations destroying your land and culture.

I want to make this personal: If this is you, if this is your job, if you’re making money helping the lithium industry destroy the Great Basin and destroy Native culture, you should quit. Right now.

I don’t know about y’all, but when someone comes to my home to destroy it, I don’t cooperate with them; I fight back. Let’s fight back together.

The Racism of Lithium Americas Corporation

When worldviews collide, planet and people pay the price for ethnocentric arrogance

Note: today is the 3-year anniversary of Protect Thacker Pass.

The term “racism” brings to mind bigots, slurs, and the Ku Klux Klan, or the systematic disenfranchisement of certain communities through discriminatory policies around housing, banking, and policing.

When we think of environmental racism we often think of what is happening in Flint, Michigan, where a majority-Black community has faced a toxic water mismanagement crisis leading to lead poisoning.

Or, we think of “Cancer Alley,” an 85-mile stretch along the Mississippi River in Louisiana along which, according to the United Nations, an “ever-widening corridor of [150] petrochemical plants has not only polluted the surrounding water and air, but also subjected the mostly African American residents in St. James Parish to cancer, respiratory diseases and other health problems.”

But today I want to write about a different type of environmental racism; one that is more subtle, and perhaps more far-reaching.


Three years ago today, my good friend Will Falk and I traveled to Thacker Pass, Nevada, and set up camp high on the side of a mountain, on the GPS coordinates of a planned open pit lithium mine.

[embedded content]

We were there to protect the land, and within months, we began developing relationships with traditional indigenous people from the Northern Paiute and Western Shoshone tribes. Soon, community members from Fort McDermitt, Reno-Sparks, Summit Lake, Duck Valley, Yerington, and other Native American reservations were regularly traveling to the protest camp, bringing supplies, and standing on the front lines.

A profound kinship began to develop. We’d sit on the mountainside with elders, discuss strategy, share food, and watch the land. Golden eagles wheeled overhead and jackrabbits ran through the sage.

One particular elder, Josephine Dick from the Fort McDermitt Tribe, has a twinkle in her eye that reminds me of my grandmother. She would tell stories about tanning hides, about making cradleboards for babies, about the history of Peehee Mu’huh (the Paiute name for Thacker Pass). She speaks about how, one day, we’re not going to have cars, or electricity, or phones, or any modern technologies. “One day,” she says, “that’s all going to be gone. And people will have to know the old ways.”

While at Thacker Pass, I spent time reading documents detailing the government’s attempts at consultation with native tribes. One of them is the transcript of a meeting with government officials in nearby Winnemucca attended by Josephine, among other tribal members.

“We have blood, a heart, organs, keeping us alive,” Josephine tells the Bureau of Land Management officials. “Mother Earth has water, soils, rocks, keeping her alive. To me, the more Mother Earth is mined, it is slowly killing her, and creating problems in the world. She needs her parts the way we do.”


There are different ways to live in the world. One is Josephine’s way: a way that sees land as sacred, sees animals as relatives who are our elder siblings, and sees water and the basis of all life. This is traditional in Paiute society, and it’s also traditional among my own ancestors, before they assimilated or were conquered by empires.

In fact, this worldview is shared amongst almost all tribal and land-based societies around the globe.

Nemonte Nenqiumo, a Waorani leader from the Ecuadorian Amazon, lives 4,000 miles from Paiute territory, but in her brilliant 2020 essay My Message to the Western World: Your Civilization is Killing Life on Earth, she shares a similar perspective: “This forest has taught us how to walk lightly, and because we have listened, learned and defended her, she has given us everything: water, clean air, nourishment, shelter, medicines, happiness, meaning.”

She continues: “You forced your civilization upon us and now look where we are: global pandemic, climate crisis, species extinction and, driving it all, widespread spiritual poverty.”

Ati Quigia, an indigenous leader from Columbia, said it even more clearly: “We are fighting not to have roads or electricity — this vision of self-destruction that’s called development is what we’re trying to avoid.”

From a scientific perspective, you could say this worldview is common because  sustainability is an adaptive trait, and an “animist” perspective promotes sustainability. Or, you could say that this worldview is a more accurate way of perceiving the world than a purely mechanistic, western perspective.

Both of these interpretations are true. My direct experience at Thacker Pass is that the land itself is alive, sentient, with feelings and perceptions far different from our own. But if we listen, the land speaks.

Compare the worldview of Josephine and Nemonte Nenquimo to our opponent.

Set against us at Thacker Pass is Lithium Americas, a transnational corporation based in Canada and operating through a fully-owned U.S. subsidiary, Lithium Nevada. They are traded on the New York Stock Exchange and the Toronto Stock Exchange, and have attracted major investors from around the world. The company is worth billions, and is collaborating with General Motors Corporation to develop the Thacker Pass lithium mine.

The mine, which is now under construction, will consist of an open pit nearly two miles long and half a mile wide, as deep as the height of a 35-story building, carved into the side of the mountain. New mountains have begun to rise, made up of the toxic acidic byproducts of the mining process. A sulfuric acid plant is under construction, which will use sulfur from the oil industry — possibly the Alberta Tar Sands — to burn lithium from the soil.

All this is only possible by first destroying the land with huge bulldozers, blowing up the mountain with explosives, and killing or driving away every single plant and animal. The scale of pollution, water use, and greenhouse gas emissions for a project like this is staggering.

Corporate power is a major driver of our environmental crisis. Global warming, species extinction, biodiversity loss, soil erosion, toxic pollution, plastic and chemical contamination, oceanic dead zones, overconsumption, urban sprawl, deforestation, desertification, sea level rise, ocean acidification, aquifer drawdown, overfishing — all of these problems are linked to corporate overreach. They are also all linked to abuse of human rights, declining human health, and threats to the future of our children.


Ethnocentrism refers to evaluating other peoples and cultures according to the standards of one’s own culture. It’s also perfectly descriptive of Lithium Americas: a foreign corporation (foreign to both the Paiute nation and to the United States) imposing its vision of “development” on a population that opposes it, through the use of force.

That force is often filtered through intermediaries. For example, in Argentina, indigenous and non-native communities fighting lithium mines face kidnapping, torture, and sexual assault at the hands of Argentine police forces. This includes the lithium extraction project developed by Lithium Argentina (a corporation which was until recently part of Lithium Americas, until they split to allow greater access to government subsidies).

Similar violent, repressive techniques are being applied in Nevada, on Paiute-Shoshone land at Thacker Pass. This week, the chairman of the Fort McDermitt Tribe (which took money from the mining company against community wishes) physically attacked and choked a member of his tribe — an 18-year-old boy — who attempted to film his meeting with Lithium Americas employees Tim Crowley (VP of Government and External Affairs) and Maria Anderson (Community Relations Director).

I believe this is the second time this Chairman has physically attacked a mine opponent. The other incident was captured by the New York Times (the photo is inaccurately labeled as Tildon Smart).

Mining companies use divide-and-conquer strategies to split communities apart and weaponize them against each other. Another way companies shut down dissenters is lawsuits. Four indigenous activists and three allies (including me) are being sued by Lithium Americas for our work to #ProtectThackerPass, a sacred and biodiverse place now being bulldozed for mining. We face the possibility of massive financial penalties.

The ethnocentric racism of Lithium Americas corporation and others like them claims that their vision of economic and technological development is the solution to the world’s problems. These companies believe that wildlife habitat, water, and the sacred places of traditional indigenous communities are less important than profits and the development of electric cars. And their vision of “progress” leads to mad hypocrisies; “Mining is inherently unsustainable,” says Thomas Benson, Vice President of Global Exploration at Lithium Americas — before he goes back to his well-paid job in mining.

Ethnocentric racism leads to Lithium Americas stock boosters saying things like this: “No natives equals few water issues. Natives can be a royal pain to deal with. Lithium Americas has had its fair share of native issues for its South American mine (and the same can be said for Thacker Pass in Nevada) but these are to be expected. Still, not having any natives is a welcome bonus.”

This is the language of colonization and genocide.

Ethnocentric racism leads Thacker Pass supporters to disparage Native American resistance to the destruction of Peehee Mu’huh, a ceremonial site where Paiute ancestors were massacred, as “horses” in response to a ceremonial prayer horse ride, as shown here on social media:


There is a circular relationship between economics and oppression.

In his book Capitalism and Slavery, Trinidadian historian Dr. Eric Williams writes that “Slavery was not born of racism: rather, racism was the consequence of slavery.” Williams argues (as have others) that racism developed as an ideology to justify subjugation that was already in progress for economic reasons. In other words, exploitation for economic growth or power came first, and racism developed later, as a moral system to justify the exploitation.

The economic drivers behind Thacker Pass are titanic. According to the International Energy Agency World Energy Outlook report in 2021, “If the world gets on track for net zero emissions by 2050, then the cumulative market opportunity for manufacturers of wind turbines, solar panels, lithium-ion batteries, electrolysers and fuel cells amounts to USD 27 trillion. These five elements alone in 2050 would be larger than today’s oil industry and its associated revenues.” (emphases added).

As Stan Cox has written:

Globally, mining and processing of metallic ores has doubled just since 2000 and is responsible for a whopping 10 percent of total world energy consumption. Now, if plans to “electrify everything” are carried out worldwide, the tonnage of metal extracted and processed in the next 15 years alone will exceed the tonnage that humans have produced during the 5,000 years since the start of the Bronze Age.

The Washington Post, citing International Energy Agency figures, predicts that by 2040, global demand for metals that go into batteries will balloon 20-fold for nickel and cobalt and 40-fold for lithium; demand for manganese, critical for wind turbines, will increase ninefold in just the next decade. Demand for aluminum, which is already produced in vastly larger quantities than any of those metals, will increase by yet another 40 percent, largely to produce lighter-weight electric cars and support solar arrays.

Forbes estimates that almost 400 new mines will be opened worldwide by 2035 just to keep battery factories supplied with cobalt, lithium, and nickel. This will create many more of what have come to be known as “green sacrifice zones”: localities across the world, from Congo to Guinea to China to Bolivia to the Pacific Ocean, that are bearing or will bear the human, environmental, and socioeconomic costs of the transition to non-fossil energy. And the deployment of wind and solar power plants across the world’s windier and sunnier regions will mean converting vast stretches of the Earth’s land surface and even seabeds into industrial energy farms.

Derrick Jensen builds on the insights of Dr. Williams. He writes: “hatred felt long enough and deeply enough no longer feels like hatred. It feels like economics, or religion, or tradition, or simply the way things are.” The hatred required to build 400 new mines and call it “progress” is enormous.

The result of this hatred is the profoundly dispassionate, scientific racism that animates corporations like Lithium Americas. It doesn’t look like the racism of the Klu Klux Klan, or the environmental injustice of Flint, Michigan. But it’s far more mainstream; sequential Republican and Democratic administrations have backed Lithium Americas, defending the project in Federal Court against tribes and environmental groups.

And they are not only defending a mine; they are defending the process of assimilation. They are defending the conquest of an Earth-centered worldview by a profit-centered one.

This is the continuation of an ongoing process. In the spring and summer of 1865, as the Snake War raged throughout Nevada between United States government and the Paiute and Shoshone, the highest military officer in the State wrote that Indians had “prevented the settlers along the Humboldt from putting in their crops, retarded the settlement of the rich agricultural lands of that section, [and] prevented the development of the rich mineral resources of the whole northern portion of our state…

Mining vs. indigenous people and the land has been a recurring theme in Nevada for more than 158 years, from the Snake War to the Dann Sisters and Mount Tenabo to Thacker Pass.


Today, three years after I first set up camp at Thacker Pass, I remember Grandmother Sagebrush, an ancient shrub under whose branches I first dreamed about protecting Thacker Pass from an open pit lithium mine.

In my mind, I walk north from the protest camp we established on January 15th, 2021, towards the fenceline where Grandmother Sagebrush grows. The clouds fade from red to orange to purple, then green and a dark blue. Coyotes howl from the far mountain, echoing in the still air.

In my mind, I approach Grandmother Sagebrush, and something cracks inside me. I stumble onto my hands and knees and burst into tears. The grief pours out, my blessing to the land. Like many grandmothers, she has power over tears.

I do not know if she is alive or dead at this moment. If I visit the land, I can be charged with a felony.

I spend my days researching what is being done to the planet —the mining, the fracking, the clearcuts, the species disappearing one after another. A hundred today. A hundred yesterday. A hundred the day before. And, I try to throw myself on the gears of the machine, to slow it down, grind it to a halt, tear it apart.

Every day this work tears my soul apart and stitches it back together again. But the alternative is dissociation — a normal state of being inside our dysfunctional culture, and a state which is fundamental to “othering” and committing violence against other people, and against the land.


I recall another walk on the mountainside at Thacker Pass. On that day, I am not alone; a writer joins me. She asks questions, but not the normal ones. She is more interested in me than in lithium.

She asks, “Why don’t you give up? Why don’t you go home and sit on your couch and complain, like most people do? Why are you here?”

“Because I’m in love,” I told her. “I am in love with the land. And you don’t give up when you’re in love.”

In honor of Martin Luther King Jr. Day, as we consider the perils of greenwashing and Bright Green Lies, I want to share this quote. Originally meant as a commentary on capitalism, militarism, and the moral decline of the United States, it is just as cautionary when we consider the project of eco-modernism.

“We have fought hard and long for integration, as I believe we should have, and I know that we will win. But I’ve come to believe we’re integrating into a burning house.”

FOR IMMEDIATE RELEASE: Reno-Sparks Indian Colony to Host Press Conference on Thacker Pass Mine Controversy


  • Bethany Sam, RSIC Media Relations
  • Will Falk, Attorney for RSIC and SLPT
  • Max Wilbert, Protect Thacker Pass

RENO, NV — On Tuesday, December 5th, from 1 pm to 2:30 pm, following a federal judge’s dismissal of their latest lawsuit, the Reno-Sparks Indian Colony (RSIC) will hold a press conference on their court cases against the Thacker Pass lithium mine.

Members of the media are invited to attend the press conference, which will be held at RSIC’s Multipurpose Room, 34 Reservation Road, Building A, Reno, NV. The press conference will also be available by zoom and will be live streaming on the RSIC Facebook page.

Speakers will include Chairman Arlan Melendez, who has led the Reno-Sparks Indian Colony for 32 years and is poised to retire at the end of this year; Michon Eben, the Tribal Historic Preservation Officer for RSIC; and Will Falk, one of the attorneys who has represented the tribe in the Thacker Pass court cases.

“We invite you to join us, as we continue our efforts to protect our sacred and culturally important site; considering it’s being destroyed right now,” said Chairman Melendez. Melendez is a nationally-respected Tribal leader and Vietnam war veteran who guided the Reno-Sparks Indian Colony through previous mining controversies, advocated for Tribal land protection and consultation rights, and helped coordinate the Tribe’s Thacker Pass strategy.

For two and a half years, Native American Tribes including the Reno-Sparks Indian Colony have been speaking out about the cultural importance of Thacker Pass, a remote mountainside in northern Nevada which Lithium Nevada Corporation plans to turn into a massive open-pit lithium mine to supply batteries for General Motors’ electric vehicles.

Thacker Pass is known as “Peehee Mu’huh” in the Paiute language, and is home to sacred sites, harvesting and hunting grounds, ceremonial areas, and the locations of two massacres of Paiute children, women and men.

On November 9th, Northern District of Nevada Chief Judge Miranda Du dismissed a second lawsuit filed in February of this year by the Reno-Sparks Indian Colony against the Bureau of Land Management (BLM) for allowing the Thacker Pass Lithium Mine to destroy sacred sites in Thacker Pass without concluding tribal consultation. The Reno-Sparks Indian Colony was joined by the Summit Lake Paiute Tribe , and Burns Paiute Tribe in the suit.

“We are very disappointed that the court is allowing Lithium Nevada to destroy the site of an 1865 massacre of Paiute peoples and a whole Traditional Cultural District before the Bureau of Land Management finished consulting with tribes about ways to avoid or mitigate harm to these sites,” says Will Falk. “While climate change is a very real, existential threat, if government agencies are allowed to rush through permitting processes to fast-track destructing mining projects like the one at Thacker Pass, more of the natural world and more Native American culture will be destroyed. Despite this project being billed as ‘green,’ it perpetrates the same harm to Native peoples that mines always have.”

Thacker Pass is located in northern Nevada near the Oregon border, where Lithium Nevada Corporation is in the first phase of building a $2 billion open-pit lithium mine which would be the largest of its kind in North America. The lithium is mainly destined for General Motors Corporation’s electric car batteries, which the corporation claims is “green.” Mine opponents call this greenwashing and have stated that “it’s not green to blow up a mountain.”

Lithium Nevada claims that its lithium mine will be essential to producing batteries for combating global warming. The Biden administration has previously indicated some support for Thacker Pass as part of the president’s climate policy.

Opponents of the project have called this “greenwashing,” arguing that the project would harm important wildlife habitat and create significant pollution, including greenhouse gas emissions. They say that electric cars are harmful to the planet and a different approach is needed to address the climate crisis.

The lithium produced at Thacker Pass would end up in electric vehicles produced by General Motors including the electric version of the Hummer, a $110,000, >9,000 pound behemoth that produces more carbon dioxide pollution than an average gasoline-fueled sedan.

“Global warming is a serious problem and we cannot continue burning fossil fuels, but destroying mountains for lithium is just as bad as destroying mountains for coal,” says Max Wilbert, co-founder of Protect Thacker Pass and author of the book Bright Green Lies: How the Environmental Movement Lost Its Way and What We Can Do About It. “You can’t blow up a mountain and call it green.”

To request the zoom link or to learn more about the RSIC community, culture, departments, economic developments, business opportunities and services, contact Bethany Sam, Public Relations Officer.


Thacker Pass Timeline

Image by Max Wilbert of the landscape at Thacker Pass before mining construction began.

There is no “better” place to mine lithium

At Protect Thacker Pass, we’ve heard from people who think that companies should mine lithium in Imperial Valley (“Lithium Valley”) at the Salton Sea because it would be “better” than mining lithium at Thacker Pass.

To be clear up front: Protect Thacker Pass opposes all lithium mining, no matter where it is happening. All lithium extraction is harmful for the environment and unsustainable in the long term (lithium is a nonrenewable material). There is no “better” place to mine lithium.

Earthworks has published a new report that shows the devastating impacts from mining lithium from brine using direct lithium extraction with geothermal power plants. As the report states, there are currently three companies developing this technology.

Their report shows that direct lithium extraction in the Imperial Valley at the Salton Sea will have devastating impacts on the environment, beyond those already created by geothermal energy extraction. These include air pollution, consuming vast quantities of freshwater, degrading the already imperiled Salton Sea ecosystem, hazardous waste, and the potential for earthquakes to cause industrial disasters in the area.

We’ve included the two pages from the summary report as images in this post. The full Earthworks Report is worth reading if you’re interested in learning more about how geothermal power plants work and how direct lithium extraction works in conjunction with geothermal. However, we disagree with some of the conclusions in their report. 

Like most large environmental groups, Earthworks believes that mining lithium is important to address the climate crisis, and their conclusions reflect this. They state that the mining should proceed as long as full, prior informed consent of regional tribes is obtained; if hazardous wastes and air pollution are dealt with properly; if companies and local communities “carefully consider” trade-offs with freshwater use; and if the mining companies design power plants with “high standards for seismic safety.” 

What they seem not to recognize is that there is no safe way to extract non-renewable materials like lithium from the environment without significant impacts to ecosystems. Ensuring that this extraction is safer doesn’t mean it’s safe. The report also ignores the many other impacts of building technologies like batteries that rely on lithium, or the harms these technologies themselves do to the environment. Lithium extraction is just the first step in a long list of harms on the way to a final product.

Again: we oppose all lithium mining, and indeed, all extraction, for luxury goods that humans can live without. Our priority is the health of the natural world, without which no human or any other living being on Earth can survive.

How much land must be sacrificed to feed our addiction to energy?

Mountaintop removal for lithium to go into electric vehicle batteries is ecocide, just like mountaintop removal for coal mining is.

Earlier this week, I visited the site of yet another planned open pit lithium mine that is threatening the Great Basin — this time, in the state of Oregon. This site, about 15 miles north of Thacker Pass, is vital habitat for the Lahontan cutthroat trout, sage grouse, and countless other species — and it would be completely destroyed if the mine is built.

Yes, global warming is a crisis, and yes, we must stop burning fossil fuels. But this is not the way forward. This is an addict seeking another hit. The “green” energy economy destroys the planet, same as the old fossil fuel energy economy. This project is another greenwashing lie, just as we wrote about in “Bright Green Lies.” If you want a primer, read that book and watch the film version of “Bright Green Lies” and Jeff Gibb’s “Planet of the Humans.”

In honor of the late Utah Phillips, I’ve listed the names and addresses of the people who run Jindalee Corporation on a previous Substack article.

To stay up to date and get involved, please visit Protect Thacker Pass and signup for our email updates.

[embedded content]


So we’re here at the site of the proposed HiTech Minerals / Jindalee Corporation lithium mine. This is the next lithium project coming to the McDermitt Caldera. We’re sitting here at the north end of the Caldera, so this big rim of mountains all the way around us, this is surrounding what is now a basin at the north end of the Caldera which collapsed; like Crater Lake is the Caldera of what was once Mount Mazama that then collapsed. Similarly, here we have this lowered down Caldera and in here is the lithium, all through the soils of this region. The mining company has already been doing some test drilling up in the hills up here, checking out how much lithium there is in the soil and gathering the data that they need to figure out if it’s economically feasible to do their project. Unfortunately I think it likely will be, although we’ll see. This project is likely at least several years behind the Thacker Pass lithium mine in terms of progress, probably more like three or four years behind, but it’s coming, and right now there’s a permitting process that they’re engaged in with the BLM office based in Vale, Oregon to try to get a permit for additional test drilling out here. They want to do test drilling for four or five years, I believe six or seven months out of the year, 24/7. And so they would stop in the winter time and in the early spring but other than that they would be drilling 24 hours a day, seven days a week out here with multiple drilling rigs operating at a time.

Right now, this area is not pristine as you can see right behind me. We’re on a road right now. This area has been grazed. There is some impact to this area, but this is still intact land. And what I was thinking of before I decided to pull out the camera and record this video is how the dominant culture has this sort of progressive escalation of exploitation. So first they’ll come into an area, and if it’s a forest they’ll cut down the trees and they’ll exploit that for what wealth they can generate; then they’ll convert it to agriculture and exploit the soil for what wealth it can generate; then if there’s greater wealth available by developing it for housing or building a town or something like that, they’ll do that. And so that’s what we’re seeing here. This area has been used for cattle grazing for many years. And now the next level of exploitation is pending as we speak.

The area that they’re surveying is about six miles east to west and about four miles north to south. It’s a very significant area out here. There’s also two other lithium companies that are prospecting for lithium in the same basin within just a few miles of where we sit, further east on the east side of the Jindalee project. So there could be three separate lithium mines operating in this location in the future. Over the last couple days we drove over the top of the Montana Mountains south from here to the top of Thacker Pass, overlooking Thacker Pass, and that whole way there’s lithium claims – mining companies have staked lithium claims for lithium up there, including Lithium Americas Corporation. So there is a very real possibility that over the coming decades this entire landscape could become an industrialized sacrifice zone, and we’re talking about an area that’s something like 25 miles north to south and 10 miles wide – a huge region.

This is incredibly important habitat. We were just down at McDermitt Creek which is vital habitat for the Lahontan cutthroat trout, a threatened fish species listed under the Endangered Species Act. This is vital habitat for Sage-Grouse. We’ve seen about eight female Sage-Grouse on the trip so far. They use this area – there are “leks” in this area where they do their breeding. Those will be abandoned if there’s too much disturbance in this area. There’s pronghorn antelope out here, mule deer, all kinds of wildlife. And up in these mountains all around us are wilderness areas. There’s something like one, two, three, four, five separate wilderness areas surrounding us right now in a big arc on the west side, the south-west, and up here to the north. Those wilderness areas have some protection, which is excellent, but that protection doesn’t mean that much if all the connectivity corridors between them, all the lands around them are industrialized, if you have all this air pollution being generated right below them that’s going directly onto the waterways and the forests that hang on to the slopes of these high mountains up here.

And of course, this is also a very culturally important area, traditionally. We’re only a few miles from the Fort McDermitt Paiute Shoshone reservation. But, you know, the reservation system was created after colonization and prior to that there was no such thing as the Fort McDermitt tribe. There were these different bands of the local indigenous nations and those bands have been scattered and they have interrelationships. So the people whose ancestors spent time and lived on this terrain are at Burns Paiute Tribe, they’re at Fort McDermitt, they’re at Reno Sparks, they’re at the Pyramid Lake Tribe, they’re in Duck Valley. They’re all over these different reservations, these different tribes, modern tribes that we have now. And so this is a culturally very important place.

And what I’m hoping we’ll see here, what we didn’t see at Thacker Pass, is a growing resistance to this project starting early. Thacker Pass was snuck through by the Trump administration during the height of Covid. They expedited the permitting to try to avoid democracy basically, to try to avoid input from the people. And so we have a chance now with this project being more in the early stages to have more input and to have a chance to stop this thing before it even starts. They’ve already done some damage with the drilling and they can’t put that right. They’re supposed to “remediate” it. Basically their remediation consists of heaping some soil across the road and a few rocks so that hopefully nobody drives on the road that they created, and throwing out some seeds and hoping that they germinate. It’s basically a joke. So that damage has been done. There’s more drilling probably coming up soon, but I want folks to stay tuned, you know? We’ve been working to protect Thacker Pass and us and many other groups and individuals are going to be working to protect the Mcdermitt Caldera as a whole. And we’re going to need your help.

“The purpose of regulatory permitting is to organize and legalize the destruction of the planet.”

As readers are aware, I’ve been embroiled in fighting the Thacker Pass lithium mine for the last three years. What you may not know is that the entire region around Thacker Pass, which is known as the McDermitt Caldera, was formed by the Yellowstone Hot Spot 16 million years ago and is rich in lithium because of this geology.

With lithium demand skyrocketing, this entire area — much of it wilderness-quality habitat for rare and threatened wildlife — is is threatened by a “new gold rush.” Many more mines are coming.

First among those is a project in initial stages of “exploration” proposed by the Australian mining corporation Jindalee (operating through a U.S. subsidiary, HiTech Minerals Incorporated) located in Malheur County, Oregon, about 20 miles north of Thacker Pass.

The following is a public comment I submitted to the Bureau of Land Management yesterday, which was the deadline for public input on what is called the “scoping” stage of permitting for additional drilling on the site. But in a democracy, the public comment period never ends. If you are opposed to the HiTech Minerals project, I recommend you contact the Bureau of Land Management Office in Vale, OR and Oregon legislators to explain your concerns in detail. Please send any comments you make to Protect Thacker Pass, or contact us with more ideas or to collaborate.

Please note that my comment begins with a discussion of why BLM’s authority is illigitimate.

To Whom It May Concern:

My name is Max Wilbert. I am writing because the Bureau of Land Management (BLM) is considering whether or not to authorize HiTech Minerals Incorporated to conduct up to five years of exploratory geologic drilling projects on public lands in the northern McDermitt Caldera, in Malheur County, Oregon as part of early-stage feasibility studies for a major lithium mine.

These comments are based on my review of the Exploration Plans of Operations (version 3) available on the BLM website. I am a concerned individual and for the past 20 years have worked with environmental organizations to address global warming and conserve the natural environment. I am also the author of a book called Bright Green Lies that analyzes the harms caused by mining lithium, among other metals.

Before I say anything about the exploration project in detail—rest assured, I do indeed have “substantive comments”—I must contest the notion that the Bureau of Land Management has meaningful authority to issue such a permit. (NB for BLM employees: this is not meant as a personal attack on you. It’s a historical critique of the institution).

By definition, a permit is a legal document giving permission for activities that would otherwise be prohibited. These permits protect the corporation from legal liability for destructive actions that would be punishable by law if committed without a permit. The permit in question would allow HiTech employees and contractors to drill a well and up to 267 boreholes, each with an associated drilling pad. It would also authorize the construction of 30.2 miles of access roads, and destroy up to 99.2 acres of sagebrush habitat. Doing this without a permit is illegal.

Therefore, the fundamental purpose of this permitting process is to bureaucratically organize and legalize the destruction of the planet. 

Yes, I understand that mitigation is part of this process. But fundamentally, the land, water, wildlife, air, and cultural resources will be worse off if this project is carried out than they would otherwise be, and thus the point stands.

We are living a time of ecological crisis. A paper published in the prestigious journal Science on September 13, 2023 (“Earth beyond six of nine planetary boundaries” by Richardson et. al.) states that humans have exceeded six of Earth’s nine planetary boundaries, “suggesting that Earth is now well outside of the safe operating space for humanity.” That paper states that “Earth system modeling of different levels of the transgression of the climate and land system change boundaries illustrates that these anthropogenic impacts on Earth system must be considered in a systemic context.” The 6th mass extinction is ongoing, driven entirely by human activity such as mining. We are in a climate crisis, a pollution crisis, a water crisis, and more.

The Bureau of Land Management permitting process is not the result of a meaningful democratic process held by fully informed and empowered people. It is an antiquated, anti-democratic bureaucratic maze that de facto privileges the rights of corporations and their owners to extract wealth at the expense of other people, land, non-humans, and future generations.

Consider the power of corporate lawyers and contractors to influence this process compared to poor, mostly uneducated tribal elders from the nearby reservations for whom English is a second language.

This is not your fault. There are many good people working inside Federal Agencies. Rather, it’s the result of gradual expansions in corporate power that have undermined democracy dating back well over a century, of greater corporate legal power, of the 1872 mining law, and of national policy corrupted by greed, lobbying, and revolving doors. But we should all be aware of what is happening here.

The great corporate anthropologist Jane Anne Morris wrote that “It is not corporations but the public that is regulated by regulatory agencies. Their main functions are now to legitimize public harm, act as energy sinks for citizen activism, and protect corporations from upset citizens.” And in fact, the first U.S. regulatory body, the Interstate Commerce Commission, was set up with assent and deep involvement of the industries it regulated.

There was once a time when people had direct recourse against corporate pirates such as HiTech, Jindalee, and the people behind them: Lindsay Dudfield, Brett Marsh,

Rebecca Ball, Darren Wates, Justin Mannolini, Paul Brown, and others.

Throughout most of human history, anyone working to poison the local water supply or destroy vast swathes of land such as these people would either be banished or otherwise severely punished. In many societies, such people would have been regarded as sociopaths. Now, the illusion of a participatory process (“you submitted your public comment, didn’t you?”) and the legal fiction called a “corporation” creates an effective buffer between angry communities and these pillagers.

As Frederic Bastiat wrote in 1848, “When plunder becomes a way of life for a group of men in a society, over the course of time they create for themselves a legal system that authorizes it and a moral code that glorifies it.”

My understanding of BLM’s permitting process is that it is difficult to deny permits for this type of exploration. However, I know that it is not impossible; in July, BLMcanceled a prior approval for lithium exploration near the Ash Meadows National Wildlife Refuge, citing impacts to groundwater and sensitive species. In that case, BLM’s letter stated that “Based on the information before it, BLM concludes that [the exploration project] operations will cause surface disturbance greater than casual use” on federally protected lands and water.

I posit that this exploration project will cause surface disturbance greater than casual use in the McDermitt Caldera. The harms caused by this drilling project could have ramifications for decades and even centuries. If the lithium mining project goes forward, those disturbances could extend to geologic time scales. Therefore, I urge BLM to deny this permit.

Here are my specific concerns with the EPO:

What about areas previously undisturbed? Has there been any census of how much of the project area is essentially intact, “old-growth” or mature sagebrush steppe, and how much of this land will be destroyed? Has there been any calculation of how long reclamation will take to produce a plant, fungi, and animal assemblage and function that is comparable to pre-disturbance conditions? Are we talking decades? Centuries? If this analysis has not been conducted, why not?

If Turner Creek, Payne Creek, and Mine Creek are indeed intermittent, how will underground flows into the aquifer and McDermitt Creek, and aboveground flows during the wet season, be affected by pumping in the project area? How you do you know? Is this confirmed by independent parties? What is the worst-case scenario?

On page 8, HiTech states that their water supply well “will be constructed to isolate the upper sedimentary rocks from the underlying volcanic rocks and will produce groundwater solely from the volcanic layer rocks below sedimentary rocks to protect groundwater baseflow in nearby streams. In addition, the water supply well is located at least one-quarter mile from any surface water.”

How do you know this is true? Where is the proof? Is the hydrologist working on this being paid by HiTech? If so, there is a conflict of interest here and any testimony should be discounted. How will pumping affect the hydraulic gradient? How will pumping affect radial flow throughout the project area? What is the aquifer permeability in the area? What models are used to predict streamflow reductions or lack thereof? Analytical depletion functions? Or more complex, site-specific models?

Also, where is Appendix E so we can verify this information for ourselves?

According to PSU (, “In general, larger cones of depression result from larger pumping rates, higher permeability or lower storativity, and longer elapsed time.” How will continuous pumping for 5 months of the year (the dry months, it should be noted) affect summertime and fall minimum stream flows? What is the confidence with which these projections can be made? What will occur if the downstream surface water flows decline? How will blame be apportioned? Given the lack of other pumping projects and disturbance in the area, can HiTech be halted from further drilling in this situation?

What will be the downstream effects on the Quinn River drainage as whole from this pumping? Isn’t the Quinn River aquifer already over-allocated? Why is additional pumping being allowed in a region in drought that is already overpumped? What is the hydrologic impact to the region of using 10,000 gallons per drill rig per 24-hour workday?

Any study of hydrological impacts should include cumulative impacts on this drainage basin and downstream basins, e.g. how this EPO and future mining operations could exacerbate water scarcity due to climate change, weather patterns, historical and current overpumping, etc.

As Ka’ila Ferrell Williams stated in her letter to Oregon Governor Brown:

“McDermitt Creek and its tributaries provide important habitat for the federally threatened Lahontan cutthroat trout. For decades, state and federal agencies, local landowners and public lands users have undertaken restoration efforts to establish a metapopulation of the species in this system, which is the only location capable of supporting a resilient and diverse population in the larger management unit that spans Nevada and Oregon. In many streams, inputs of cold, clean groundwater are critical to maintaining the streamflows and cool water needed by these fish. Oregon should not authorize groundwater pumping when it lacks adequate data to understand the impacts on Lahontan cutthroat trout habitat.

Oregon is in the midst of a decades-long drought, with southeastern Oregon being particularly affected. In six of the last ten years, Oregon’s Governor has declared a drought emergency in Malheur County, underscoring the severity of water shortages in the region.

Without adequate data, it is impossible to determine whether or not HiTech’s proposed well, even temporary pumping for five years, would have no detrimental or adverse impacts to water availability or quality available in the McDermitt Creek basin.”

Additionally, roughly six miles of streams which are “special status fish habitat” run directly through the project area. What are the impacts on these streams? What monitoring will take place? How will drilling operations and overnight lighting affect invertebrates which provide food for special status fish? If these impacts have not been considered, why not?

According to Western Rivers Conservancy,

“Lahontan cutthroat—the state fish of Nevada—are a large, bright-orange species of cutthroat that were once abundant across thousands of miles of streams in the Great Basin. Today, the fish are on the brink of extinction because the pristine, cold-water habitat they depend on has been disappearing for a century, coupled with hybridization and competition from non-native fish. The primary hope for Lahontan cutthroat lies with the increasingly rare perennial streams that flow cold and clear through the dry sagebrush country of the Great Basin. Chief among these streams is McDermitt Creek, which drains the southern slopes of Oregon’s Trout Creek Mountains and crosses the state line into the Great Basin of Nevada.”

In regards to Page 23, why is the arbitrary level of “a 100-year 24-hour storm event” considered the threshold for high precipitation? Ephemeral streams may flow with far less precipitation, and operating heavy equipment could increase downstream siltation in LCT spawning areas.

The applicant plans up to 267 drill sites with depths varying between 300 and 800 feet. The applicant states that prior drill holes all encountered groundwater. How will 267 new drill holes affect groundwater and surface water flows? Will these holes cut through rock layers allow groundwater flow to drain into lower geologic layers, reducing recharge rates in McDermitt Creek and Quinn River? How will this concern be mitigated? Will these affect natural springs? How do we know?

In reference to Section 3.20, what species are being protected by the drilling timeframe? Why was this timeframe chosen? What evidence is there that this timeframe is sufficient to protect the species in question? If these species require such protection, why is this exploration project being allowed in the first place? Where do the species go during the period that drilling would take place? What evidence is there that this drilling period would protect the species in question?

On page 13, applicant states that “sumps will be fenced,” but photographic evidence from applicants previous operations (see Wildlands Defense/Katie Fite) in the project area show that fencing efforts were laughable. This corporation has shown itself not to be trustworthy. I also share Ross Taylor’s concerns about sump sizing, overflow, leaching, pollution, chemical load, impacts on fish, effects on wildlife who attempt to enter or drink, storm drainage, and so on.

On page 22, applicant states that groundwater flows for previous wells ranged from 14 gpm to 38 gpm. I share Ross Taylor’s concerns, as replicated here:

“How can groundwater be completely contained in a sump that can only handle 7,500 gallons? Do the math – if HiTech is proposing that drill sites will be operating 24/7 and the amount of groundwater encountered in previously drilled exploration holes produced 14 to 38 gallons of groundwater per minute, containment in the proposed sumps is not possible. The conservative 14 gallons/minute equates to 20,160 gallons in 24 hours and the 38 gallons/minutes equates to 54,720 gallons in 24 hours. Also, these values don’t account for the volume of drill cuttngs, return of water pumped into the bore hole, and return of drill lubrication fluid.

‘Groundwater removed from exploration boreholes during drilling is returned to a sump located on the drill pad, where water infiltrates back into the formation’. This statement suggests that returned groundwater, drill cuttings and lubrication fluid will be discharged into the surrounding environment. What are the long-term effects of this effluent on McDermit Creek, its tributaries and listed/sensitive species such as LCT? What happens to heavy metals in the effluent, like the mercury known to exist in the soils of the project area?”

Section 4.6 indicates that sumps adjacent to drilling sites are permeable and fluids contained in them will leach into groundwater. What contaminants will this fluid contain? Will these sumps be monitored by an independent third party for contaminants, spills, and overflow? What are the long term effects of this pollution?

The applicant states that drilling will continue 24 hours a day, 7 days a week, for 5 months a year, for up to five years. That’s a cumulative 2 years and one month of intensive industrial activity in what has until now been a largely undisturbed area. What will be the impact of this drilling noise on greater sage grouse? Research has shown this species is highly noise sensitive, and OAR 660-023-0115 identifies land use that conflicts with sage-grouse habitat as including “noise levels of at least 70 dB for sustained periods of time.

Greater sage-grouse are also highly dependent on forb availability in the summertime when chicks hatch. Breeding impacts may be reduced by timing of this project, but what about rearing success? How will this project impact rearing habitat and summer perambulations? What about mule deer? Pronghorn? Bighorn sheep? Cougar? Columbia spotted frog? Rocky Mountain elk? Bobcat? Sandhill crane? Burrowing owls? Bobcat? Migratory bird species? Golden eagles? Rodents? Lizards? Snakes? How will bright lights associated with drilling affect insect populations in the area? What about bats?

Brad Shultz stated in a 2017 presentation that “Perennial herbaceous riparian areas adjacent to level benches with good forb/bunchgrass understory offer great potential for meeting breeding and brood rearing [needs]”. Does this describe portions of the site in question? Will these sites be impacted by the exploration? If so, where, how much area, and to what extent?

These impacts will, of course, be negative. Wildlife species need wild land, not industrialized land. Given this, why does this disturbance not count as undue and unnecessary degradation?

It appears when looking at ODFW’s Sage Grouse Development Siting Tool that ODFW has designated most of the protect area as “very high mitigation,” meaning this is very important habitat for Greater sage-grouse. Additionally, the entire site is part of ODFW’s 2023 “draft revised core habitat” for sage grouse.

Further underscoring the importance of this habitat for sage grouse, this area was designated as part of the Southeast Oregon and North-Central Nevada “Sagebrush focal area.” According to BLM documents, “After a multi-year collaboration process, the BLM and U.S. Forest Service amended 98 land use plans to provide for Greater Sage-Grouse conservation in 2015. The U.S. Fish and Wildlife Service relied on BLM’s and the U.S. Forest Service’s 2015 planning decisions, and State-level plans, to support its finding that the Greater Sage-Grouse did not warrant listing under the Endangered Species Act. The BLM and Forest Service plans included a recommendation that the Secretary of the Interior safeguard the most important habitat for the bird, Sagebrush Focal Areas (SFAs), by withdrawing them from the Mining Law of 1872, subject to valid existing rights. The SFAs cover about 10 million acres of Federal lands in Idaho, Montana, Nevada, Oregon, Utah, and Wyoming.”

Is this area subject to “valid existing rights” that predate the Sagebrush Focal Area plan and are thus grandfathered in? If not, why is this project continuing? Why has this area not yet been secured for federal mineral withdrawal?

And, doesn’t BLM’s “recommendation that the Secretary of the Interior safeguard the most important habitat for the bird, Sagebrush Focal Areas (SFAs), by withdrawing them from the Mining Law of 1872” mean that the agency has already determined that this habitat is too important to be destroyed?

Sage grouse populations continue to decline, despite collaborative efforts. The first objective cited in BLM’s 2015 fact sheet on the Greater Sage-Grouse Conservation Effort is to “Minimize new or additional surface disturbance.” The fact sheet notes that “The most effective way to conserve the sage-grouse is to protect existing, intact habitat.” So, why is this project being permitted in key sage grouse habitat? How can destruction of sage-grouse habitat be justified, given that the USGS has found that sage-grouse have declined by 80% since 1965 and nearly 40% since 2002, and that this decline has been particularly severe in the Great Basin? (

It appears that Oregon’s sage-grouse conservation strategy is not working, based on the USGS data. Is this correct?

Is it correct to say that current sage grouse conservation measures amount to a “managed decline towards extinction”?

If mitigation is not halting species decline, then other measures should be taken. So, this project should be rejected.

Section 4.3 as a whole is very vague and needs significant clarification. Additionally, this study should include input from biologists with a range of opinions and perspectives to qualfy as workable science. This is a basic level of peer review, essential to the scientific method, that is missing completely from the analysis. For example, in addition to biologists hired by state and federal agencies and by HiTech, biologists working for environmental organizations should also be permitted. Scientists regularly make mistakes and are prone to biases and careerism, which is why a peer review process exists. How is this concern being mitigated? How do we know the science we are being presented with is complete and correct?

Section 4.5 states that there are no wetlands in the project area. Are beaver present? Were they historically? If so, has reintroduction been considered? This would create additional wetlands and widen stream channels. Beaver have been shown to improve fish habitat, cool water temperatures, reduce fire risk, store water for drought conditions, and increase biodiversity of other organisms. If beaver were to naturally return to the area, what would their impact be on this operation?

According to project maps in this application, significant portions of the project area are designated “lands with wilderness characteristics.” Additionally, the project area is surrounded to the northeast, north, northwest, west, and southwest by designated wilderness study areas. Connectivity corridors between these landscapes are incredibly important, especially as McDermitt Creek, Payne Creek, and others represent important summer water sources. With drilling happening the entire dry season, how will this project affect wildlife who reside in wilderness study areas and lands with wilderness characteristics?

What protections exist for designated “lands with wilderness characteristics”? Why is it permissible to conduct an industrial operation of this scale on those lands, if it destroys their wilderness character?

Where are the appendices? These are not included on the BLM website as of September 14th, 2023 (today) at 1:32pm Pacific Time. Without all the documents being included, how can the public be expected to understand and comment on the project? This is a significant oversight that is not explained on the BLM ePlanning website. Please explain where these documents are and why they were not shared with the public as part of this process. If they should have been shared, please share them. If that is the case, this comment period needs to be extended significantly and parties that have commented thus far must be informed of their availability. Also, new public meetings should be held in which these documents are available in print form for review by members of the public who do not have access to the internet (which is still somewhat common among Tribal communities and elderly people in this rural region).

This project will use significant amounts of diesel fuel and gasoline for generators, worker transport vehicles, heavy equipment (D-7 class bulldozers, 325C class track-mounted excavators, etc.), and drilling rigs. Estimates posit that for every 1000 tons of carbon dioxide equivalent that is emitted, one person will be killed due to global warming by 2100. What is the climate death impact of this project? The climate impacts of greenhouse gases released by burning these fuels, and due to disturbing soils, biological soil crusts, and vegetation across 99.2 acres should also be factored in. This impact assessment should also include materials used in this project, such as Portland cement, concrete, gravel, pipes, and other consumables, and amortized climate impact of producing heavy equipment, 4WD vehicles, mud tanks, water storage tanks, generators, ATVs, and other non-consumables as listed on page 14-15 of the exploration plan. Calculations should also account for traffic volume as cited on page 16. According to the applicant, vegetation may be shredded using a masticator – that’s carbon release.

How will vegetation shifts due to the project disturbance footprint change fire risks for the project area itself and for surrounding wilderness quality landscapes, due to e.g. cheatgrass proliferation?

Will welding and similar fire risk activities be allowed to continue during red flag warnings and periods of extreme fire danger?

Where is Appendix D?

Page 16 states that “Newly constructed roads will be recontoured to the original topography as practicable. Drill sites, sumps, and related disturbances will be reclaimed as soon as practicable after completion of drilling operations. Final reclamation of overland travel routes, sumps, and drill sites will consist of fully recontouring disturbances to their original grade, and re-seeding in the fall season immediately following completion of exploration activities.”

This sounds completely insufficient considering that low recruitment rates of sagebrush and other desert plants, the ease with which cheatgrass and other non-native species spread, and the impacts to biological soil crusts and soil seed banks.

What seeds will be used? Will they all be native seeds, or will some be non-native? Will the seed mix reflect exactly the plants found on the site prior to bulldozing? If not, what plants will be lost? How will the loss of certain plants effect wildlife species and people, especially indigenous people? How will the shifts in plant mixture as a result of disturbance and reseeding affect carbon storage and soil stability in the long term? Will there be followup to ensure germination and survival of seeded areas? What is the seeding is not successful?

Page 16 also states that “Natural barriers such as berms or rock may be utilized post reclamation to prevent future use of areas by the public.” Is this saying that areas will be made off limits to the public due to this project? Why is public land being privatized in this way?

Where is Appendix B? Where is Appendix E? Where is Appendix C?

In regards to section 6.10, what does a “qualitiative comparison” consist of, exactly? Given that pre-disturbance values of this landscape include but are not limited to ecological functions like water filtration, scenic values, biodiversity, and carbon sequestration, how will reclamation be determined to have been successful in regards to these functions?

This region is known to have significant amounts of mercury in the sediments. What are mercury levels inside the project area? How much mercury will be liberated by road building and drilling? Where will that mercury go? What impacts will it have on human beings, animals, plants, fungi, insects, and micro-organisms?

The same question applies to uranium, arsenic, and other hazardous subsgances that may be present in the geology.

What measures will be taken to prevent the spread of cheatgrass and other aggressive non-native species?

What consequences will HiTech incur if they are responsible for spreading cheatgrass or other aggressive invasives in the project area?

My conversations with elders from the Fort McDermitt Tribe, Pyramid Lake Paiute Tribe, Summit Lake Paiute Tribe, Reno-Sparks Indian Colony, and Burns Paiute Tribe have indicated that the northern McDermitt Caldera region is exceptionally significant to Native Americans across at least those five tribes and likely at least several others as well. Given the interconnections between regional tribes which were nomadic and interrelated prior to the establishment of tribal governments, this project should not be allowed to proceed without in-depth consultation with these five tribes. This consultation should also take into account the voices of tribal elders and knowledge holders, not just tribal governments.

If this will not take place, please explain why not, justify why these tribes are not being consulted prior to any disturbance on their traditional unceded territories, and explain the legal basis of this course of action.

The cultural significance of the Project Area is reinforced by the comments submitted by Nikki Hill, who references culturally important plants and archaeological data pointing towards more than 8,000 years of human inhabitation on the project site. As Hill states in her comment, “These initial findings require the time needed to properly survey those sites and to search for other indications within the greater project area; to request input from the tribe and local experts; and to seek out ethnographic documentation of local importance and memory of this area, which is held sacred by the Paiute people of McDermitt and other tribes.”

A letter from Klamath Tribal Member Ka’ila Farrell-Smith to Senator Jeff Merkeley and Governor Brown, available online here (, states clearly that the area proposed for the HiTech Minerals Exploration Project is “sacred to the Northern Paiute, Bannock, and Western Shoshone tribal peoples”.


  • Why is a Class III pedestrian survey considered adequate at this stage of EPO permitting?
  • Why is there no mention of culturally important sites in the EPO?
  • Why has there been no consultation with interested tribes?
  • How will interested tribes be determined? In your response, please incorporate how you will improve on the flawed approach to tribal consultation undertaken at Thacker Pass that led to multiple tribes filing lawsuits against the BLM.
  • Why has there been no consultation with traditional elders?
  • What qualifies BLM and HiTech to determine and mitigate adverse effects?
  • How will the BLM respond if different tribes hold different views on the cultural importance of the area?

The EPO states that “HiTech will be responsible for ensuring that employees, contractors, or any others associated with the Project do not damage, destroy, or vandalize archaeological or historical sites.” But what if the entire project itself is damaging, destroying, or vandalizing archeological or historical sites?

BLM is already aware, to some extent, of the cultural significance of the Disaster Peak area and McDermitt Caldera. For example, on Page 382 of Thierry “A Historical Ethnography of the Fort McDermitt Paiute,” an 1867 letter from Maj. Sherburne stationed at Camp McDermitt is quoted referring to “Disaster Peak, a place that has always been noted for the haunt of Indians”.

Further, BLM is also in possession of the document “Thacker Pass/Peehee mu’huh:

A Living Monument to Numu History and Culture,” which was submitted to the agency in early 2023 by the Reno-Sparks Indian Colony and Summit Lake Paiute Tribe. This document describes how a survivor of the 1865 Thacker Pass massacre fled to the environs of Disaster Peak.

The region of Disaster Peak, McDermitt Creek, and the northern Caldera contains numerous historical sites of significance. These include the site where Col. McDermit was ambushed and killed, the site where a party of prospectors were attacked by Native Americans in March 1864, the site where party of prospectors were attacked by Native Americans in May 1865, and the sites where multiple skirmishes between settler-militia calling themselves the “Humboldt Rangers” and Native Americans took place sometime after the May 1865 attack and before June 4, 1864 (see “Origin of Place Names Nevada”1941; page 169 in Myron Angel’s “History of Nevada”; and Page 63 and 79 of Michno’s “The Deadliest Indian War in the West” for incomplete details of these last three events. Note that Michno’s details may be incorrect.), prehistoric village sites, areas of culturally important plant abundance that could indicate “gardening,” possible burial sites, travel routes, and the possibility of sacred sites relating to cultural activities in the area.

Note that Page 79 of Michno’s book indicates that multiple skirmishes and massacres in the vicinity of Disaster Peak “resulting in Captain Almond Well’s summer campaign” and contributed to the entire course of the Snake War, the deadliest Indian War west of the Mississippi. These are not minor events in American history and therefore extensive research, oral histories, and surveys must be conducted in this region before a permit to destroy and disturb the area should even be considered.

I must insist that this project complete a full EIS due to the fact that the cumulative disturbance being considered here might well compromise the cultural and ecological resources present on the site. There is an agency assumption here which is based on little to no evidence; the idea that cultural sites and biological integrity will not be unduly and unnecessarily compromised by the exploration. What evidence is there to support this thesis? What expertise is being applied to make this determination? Have the proper parties been consulted with? And, will the BLM complete a full EIS for this project? Why, or why not?

In regards to page 24: will revegetation mean that road and drill pad scars are invisible after reclamation is completed? Will plant assemblages and ages be comparable to non-disturbed areas? If not, this is not proper mitigation. Scenic values will be harmed by this project. Given that this area is surrounded by WSA’s and high ridges, this is a significant concern. How will this be dealt with?

In regards to cumulative impacts, I request that the impacts of this project be considered in ecological and cultural context at the regional, national, and global scales. The aforementioned article in Science, “Earth beyond six of nine planetary boundaries,” states that “Currently, anthropogenic perturbations of the global environment are primarily addressed as if they were separate issues, e.g., climate change, biodiversity loss, or pollution. This approach, however, ignores these perturbations’ nonlinear interactions and resulting aggregate effects on the overall state of Earth system. Planetary boundaries bring a scientific understanding of anthropogenic global environmental impacts into a framework that calls for considering the state of Earth system as a whole.”

Non-linear interactions and resulting aggregate effects from mining exploration must be considered when considering whether or not to permit this project given that the planetary boundaries which are already transgressed include:

  1. Biosphere integrity (which is relevant due to the habitat destruction, degradation, and the displacement and destruction of wildlife which would be caused by this project);
  2. Land system change (which is relevant due to the conversion of 99.2 acres of biodiverse sagebrush steppe habitat into roads and drilling pads);
  3. Freshwater change (which is relevant due to water use for this project);
  4. Novel entities (various chemicals which may be present in drilling fluids, heavy machinery, plastics used on-site, herbicide sprays, etc.).
  5. Climate change, especially CO2 concentration, is also relevant to this project due to fuel use and disruption of natural carbon sequestration processes.

Further, the cumulative effects of allowing exploration must be considered given that permitting exploration greatly increases the future risks of commercial-scale mining operations in the area. The public needs to be informed about the risks posed by “going down the path” towards mine development, not just the discrete technical impacts posed by bulldozing 99.2 acres of land at this time. Exploration is a “gateway drug,” not an independent process.

If you will not include discussion, scientific modeling, and independent assessments of non-linear interactions and aggregate effects related to permitting this project, why not? How do you justify not providing the public with a complete picture of the risks involved in this project?

The proximity of the HiTech EPO, coupled with its projected size and contemporary existence to the Thacker Pass lithium mine, added to the recent announcement that the McDermitt caldera may be the most lithium-rich in the world and the fact that addition mining corporations have staked claims and are considering mining elsewhere in the caldera, requires a cumulative effects analysis of the much larger region that is encompassed by the caldera.

With more and more lithium mining coming to this region, it’s highly conceivable that a gigantic, mosaiced “national sacrifice zone” is the inevitable result, atomizing habitat, and potentially trashing regional aquifers on an obscene scale. And with the huge undifferentiated rubble piles that will lay permanent in the wake of these mines, there will mineral runoff and pollution for eons. Not to mention the cumulative air quality effects from dust, sulfuric acid plants, and so on.

Because of the potentially significant impacts of these projects across the region and the potentially significant impacts at each mine site, NEPA requires either a programmatic or generic Environmental Impact Statement (PEIS or GEIS) on the McDermitt Caldera lithium mining district, and site specific EIS’s at each site that applies. A PEIS is a tiered document. NEPA’s CEQ implementing regulations recognize that in addition to site-specific projects, the types of “major Federal action” subject to NEPA analysis requirements include “Adoption of formal plans, such as official documents prepared or approved by federal agencies which guide or prescribe alternative uses of federal resources, upon which future agency actions will be based . . . and adoption of programs, such as a group of concerted actions to implement a specific policy or plan; [and] systematic and connected agency decisions allocating agency resources to implement a specific statutory program or executive directive.” 40 C.F.R. § 1508.18(b)(2)-(3), which provides the conceptual underpinning for the use of PEIS’s. See also 10 C.F.R. § 1502.4(b)(“Environmental impact statements may be prepared, and are sometimes required, for broad Federal actions such as the adoption of new agency programs . . .Agencies shall prepare statements on broad actions so that they are relevant to policy and are timed to coincide with meaningful points in agency planning and decision making”).

A PEIS “provides an occasion for a more exhaustive consideration of effects and alternatives than would be practicable in a statement on an individual action. It ensures consideration of cumulative impacts that might be slighted in a case-by-case analysis. And it avoids duplicative reconsideration of basic policy questions.” CEQ Memorandum to Federal Agencies on Procedures for Environmental Impact Statements. 2 ELR 46162 (May 16, 1972).

The Supreme Court has recognized the need for national programmatic environmental analysis under NEPA where a program “is a coherent plan of national scope, and its adoption surely has significant environmental consequences.” Kleppe v. Sierra Club, 427 U.S. 390, 400 (1976). Programmatic direction can often help “determine the scope of future site-specific proposals.” Laub v. U.S. Dep’t of Interior, 342 F.3d 1080, 1089 (9th Cir. 2003). CEQ regulations define this practice as “tiering.” 40 C.F.R. § 1502.20 (“Whenever a broad environmental impact statement has been prepared . . . and a subsequent statement or environmental assessment is then prepared on an action included within the . . . program or policy (such as a site specific action) the subsequent statement or environmental assessment need only summarize the issues discussed in the broader statement and incorporate discussions from the broader statement by reference and shall concentrate on the issues specific to the subsequent action”).

Tiering allows an agency to meet its NEPA obligations in steps: First, the agency publishes a PEIS assessing the entire scope of a coordinated federal program. See Nevada v. Dep’t of Energy, 457 F.3d 78, 91 (D.C. Cir. 2006). The PEIS ensures that the agency assesses “the broad environmental consequences attendant upon a wide-ranging federal program.” Id. at 92. The agency later supplements that programmatic analysis with narrower EISs analyzing the incremental impacts of each specific action taken as part of a program. Id. at 91. A PEIS would examine the entire NRC policy initiative rather than performing a piecemeal analysis within the structure of a single agency action. Ass’n of Pub. Agency Customers v. Bonneville Power Administration, 126 F.3d 1158, 1184 (9th Cir.1997).

Agencies such as the NRC must “take a ‘hard look’ at their proposed actions’ environmental consequences in advance of deciding whether and how to proceed.” Sierra Club v. U.S. Army Corps of Eng’rs, 803 F.3d 31, 37 (D.C. Cir. 2015). There is zero evidence in the proposed rulemaking papers that any such inquiry has been performed.

Creating a programmatic EIS for lithium mining either at the level of the McDermitt Caldera, bioregionally for the Great Basin, or nationally for the western United States is the only appropriate way to assess the cumulative effects of these interrelated projects. Please implement a programmatic EIS process to analyze the cumulative effects of these projects. If you will not initiate a programmatic EIS, please explain why you will not be taking this action.

What if the company violates their word in this plan? What consequences will they face? At what point will their permits or license to do business be revoked? What monitoring will be conducted? How much impact on sage grouse is too much?

Corporations do not really exist. They are a legal fiction, an entity created for the purpose of profit, growth, and to limit liability. Businesses are made up of people, and those people are the ones making the decisions.

The great folk singer and revolutionary Utah Philips, who I had the honor of watching perform many times in my childhood, famously said: “The Earth is not dying, it’s being killed, and the people who are killing it have names and addresses.”

So, in honor of Utah Philips, I would like to go on the record about who is behind the ongoing and planned destruction of the McDermitt Caldera: These are some of the people behind this project.

Lindsay Dudfield

  • President and CEO of HiTech Minerals and Jindalee Resources
  • Level 2, 9 Havelock Street, West Perth WA, 6005, Australia
  • LinkedIn profile

Brett Marsh

  • Vice President of Exploration and Development at Jindalee Resources
  • Mr. Marsh has an extensive background with major mining corporations linked to serious environmental and human rights abuses worldwide.
  • Mesa, Arizona
  • LinkedIn Profile

Rebecca Ball

Darren Wates

  • Corporate Lawyer and Director at Jindalee Resources
  • Greater Perth area, Australia
  • LinkedIn Profile

Justin Mannolini

  • Chairman of the Board, Jindalee Resources
  • Greater Perth Area, Australia
  • LinkedIn Profile

Paul Brown

  • Director, Jindalee Resources

I would like to propose an alternative to the proposed project, which I have discussed with community members from Oregon and Nevada. We call it the Citizens Preferred Alternative, or CPA. The CPA is currently under development and we will submit it to the public and to relevant agencies including the BLM for discussion and debate in the near future. Under the CPA, this EPO would be rejected and the BLM would work with the public and the Department of the Interior to move the McDermitt Caldera toward a Federal Mineral Withdrawal to protect Sage-grouse focal areas and Lahontan Cutthroat Trout habitat. Further, much or all of the project area would be managed for wilderness characteristics.

Ultimately, these types of EA and EIS reports amount to a catalog of atrocities: “here is all the harms this project will cause, and we’ll allow it anyway.” This is just as bad as not cataloging the harms. The cataloging only matters if it actually stops projects and protects land. Therefore, I again urge the BLM to reject this exploration plan and protect this land. HiTech’s Plan of Operations would clearly cause “undue and unnecessary degradation” to public lands.

Please add me to any public notification contact lists related to the HiTech project and other lithium exploration or mining-related activities in the McDermitt Caldera and inform me when BLM has prepared a response to the questions and concerns raised in this comment. Thank you.


Max Wilbert

September 15th, 2023