In the name of lithium

The history of the industrial era is one of colonization and extraction. This continues today, as we who work to protect the land know well.

The film In the name of lithium is a documentary about the struggle of Argentine indigenous communities to prevent their salt flats, which contain one of the largest lithium reserves in the world, from becoming a “sacrifice zone” in favor of reduction of climate change.

The film is free to watch on Vimeo through August 9. You can turn on subtitles for English if you do not speak Spanish.

As an article about the film notes, Lithium Americas, in partnership with Chinese company Ganfeng, is constructing a lithium mine in Jujuy, one of the locations where the film was made. An investigation by Fundación Ambiente y Recursos Naturales (FARN) found that Minera Exar (an Argentine company formed by Lithium Americas and Ganfeng Lithium and dedicated to the development and production of lithium in the Salar Cauchari-Olaroz) failed to provide free and informed consultation with indigenous communities who own territory where Minera Exar’s lithium project is located. According to statements gathered from community members in FARN’s investigation, Minera Exar also failed to disclose relevant information on risk factors and potential environmental impacts.

Thacker Pass / Peehee Mu’huh is just one of so many industrial sacrifice zones around the world. Remember too, that along with lithium, EVs and batteries require copper, cobalt, graphite, bauxite, nickel, and rare earth metals, all of which require sacrifice zones.

Stand with us, stand with People of Red Mountain, stand with the people in Jujuy, Argentina; stand with all people and lands and wild beings around the world being sacrificed for industry and say NO!

For more information about the film, visit https://enelnombredellitio.org.ar/

Image of the salt flats in the northern province of Jujuy in Argentina by FARN.

Please donate to help support our legal work!

This has been a busy legal week at Peehee Mu’huh / Thacker Pass.

As you may recall, four conservation groups who are suing the BLM and Lithium Nevada had earlier filed an injunction motion to block archeological digging, because it would damage critical habitat for the Greater sage-grouse, until their lawsuit can be heard in court. The Reno federal district court judge denied that injunction motion, saying that the environmental damage from the archeological digging wouldn’t be enough harm. Our position, of course, is that any construction or digging on site is too much harm.

The Reno-Sparks Indian Colony and Atsa Koodakuh Wyh Nuwu/People of Red Mountain argued to be allowed to intervene (join) the lawsuit filed by the four conservation groups, and the judge ruled this week that they can join the lawsuit.

Once this decision was made, the Reno-Sparks Indian Colony and Atsa Koodakuh Wyh Nuwu/People of Red Mountain then filed an injunction motion to stop the archeological digging, for cultural reasons based in the National Historic Preservation Act. This asks the judge to stop the digging for different reasons than previously denied by the judge.

The BLM and Lithium Nevada have until August 12 to respond to this injunction motion, and we anticipate oral arguments about the Reno-Sparks Indian Colony and Atsa Koodakuh Wyh Nuwu/People of Red Mountain injunction motion will be heard August 23.

The following articles help explain these legal efforts in more detail:

Federal court holds hearing on Thacker Pass Lithium Mine

Native Americans win ruling to join lawsuit against Lithium Americas project

Tribes seek order banning digging at Nevada lithium mine

As you might guess, all this legal work takes a lot of time, effort, and money, so please donate to Protect Thacker Pass and/or Atsa Koodakuh Wyh Nuwu/People of Red Mountain if you can. Thank you!!

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Electric Cars and Oil Both Accelerate Us Towards Ecological Collapse: From Line 3 to Thacker Pass

The great poet and playwright James Baldwin wrote in 1953 that “People who shut their eyes to reality simply invite their own destruction.”

Perhaps never has this been truer than in this era of converging ecological crises: global warming, biodiversity collapse, desertification and soil erosion, ocean acidification, dead zones, plastic pollution, sprawling habitat destruction, and the total saturation of our environment with radioactive or toxic chemicals.

Ignorance is not bliss; it is dangerous.

That is why I am so concerned that, while searching for solutions to global warming, many people imagine that fossil fuels can be simply replaced with solar and wind energy, that gas tanks can be swapped for lithium batteries, and that this will solve the problem.

For years, I have been arguing that this is wrong, and that we need much more fundamental changes to our economy, our society, and our way of life.

For the last 6 months, I have been camped at a place in northern Nevada called Thacker Pass, which is threatened by a vast planned open-pit mine that threatens to destroy 28 square miles of biodiverse sagebrush habitat, release millions of tons of greenhouse gas emissions, bulldoze Paiute and Shoshone sacred sites, and leave behind piles of toxic waste for generations to come.

Electric cars and fossil fuel cars don’t differ as much as lithium mining companies would like us to believe. In fact, a direct link connects the water protectors fighting the new Line 3 oil pipeline in the Ojibwe territory in Minnesota and the land defenders working to protect Peehee Mu’huh, the original name for Thacker Pass in the Paiute language.

The new Line 3 pipeline would carry almost a million barrels a day of crude oil from the Alberta Tar Sands, the largest and most destructive industrial project on the planet, to refineries in the United States. On the way, it would threaten more than 200 waterbodies and carve a path through what CNN called “some of the most pristine woods and wetlands in North America.” The project would be directly responsible for millions of tons of greenhouse gas emissions.

For the last 7 years, indigenous water protectors and allies have rallied, petitioned, established resistance camps, held events, protested, and engaged in direct action to stop the Line 3 pipeline from being built. More than 350 people have been arrested over the past few months, but pipeline construction continues to progress for now.

Ironically, the proposed Thacker Pass lithium mine would require importing nearly 700,000 tons of sulfur per year — roughly equivalent to the mass of two Empire State Buildings — for processing the lithium. This sulfur would likely come (at least in part) from the Alberta tar sands, perhaps even from oil that would flow through Line 3.

Almost all sulfur, which is used in a wide range of chemical processes and fertilizers, comes from oil and gas refineries, where it’s a byproduct of producing low-sulfur fuels to meet air-quality regulations around acid rain.

According to the U.S. Geological Survey, tar sands contain 11 times as much sulfur as conventional heavy crude oil, and literal “mountains” of sulfur are piling up in Alberta and at other refineries which process tar sands fuel. Sulfur sales revenue is important to the economics of tar sands oil extraction. One report released in the early years of tar sands extraction found that “developing a plan for storing, selling or disposing of the sulfur [extracted during processing] will help to ensure the profitability of oil sands operations.”

This means that Thacker Pass lithium destined for use in “green” electric cars and solar energy storage batteries would almost certainly be directly linked to the Line 3 pipeline and the harms caused by the Tar Sands, including the destruction of boreal forest, the poisoning of the Athabasca River and other waters, and an epidemic of cancers, rare diseases, and missing and murdered indigenous women facing Alberta First Nations. And, of course, the tar sands significantly exacerbate global warming. Canadian greenhouse gas emissions have skyrocketed over recent decades as tar sands oil production has increased.

Mining is exceptionally destructive. There is no getting around it. According to the EPA, hard-rock mining is the single largest source of water pollution in the United States. The same statistic probably applies globally, but no one really knows how many rivers have been poisoned, how many mountains blown up, how many meadows and forests bulldozed for the sake of mining.

The water protectors at Line 3 fight to protect Ojibwe territory, wild rice beds, and critical wildlife habitat from a tar sands oil pipeline, oil spills, and the greenhouse gas emissions that would harm the entire world. Here at Thacker Pass, we fight the same fight. The indigenous people here, too, face the destruction of their first foods; the poisoning of their water; the desecration of their sacred sites; and the probability of a toxic legacy for future generations. I fight alongside them for this place.

Our fights are not separate. Our planet will not cool, our waters will not begin to flow clean again, our forests will not regrow, and our children will not have security unless we organize, stop the destruction, and build a new way of life. The Line 3 pipeline, and all the other pipelines, must be stopped. And so must the lithium mines.

The wind howls at Thacker Pass. Rain beats against the walls of my tent. A steady drip falls onto the foot of my sleeping bag. It’s June, but we are a mile above sea level. Summer is slow in coming here, and so the storm rages outside, and I cannot sleep. Nightmare visions of open-pit mines, climate breakdown, and ecological collapse haunt me.

James Baldwin gave good advice. In this time, we must not shut our eyes to the reality that industrial production, including the production of oil and the production of electric cars, results in industrial devastation. And with our eyes wide open, we must take action to protect our only home, and the future generations who rely on us.

Also available at The Sierra Nevada Ally, Dispatches from Thacker Pass series.

Pronghorn

Native Americans Enter Legal Battle Against Thacker Pass Lithium Mine

July 26, 2021

Contact:
Reno-Sparks Indian Colony Chairman Arlan Melendez
People of Red Mountain
William Falk, Esq. Protect Thacker Pass

FOR IMMEDIATE RELEASE

RENO, NV — In yet another blow to Lithium Americas’ troubled Thacker Pass lithium mine, the Reno-Sparks Indian Colony and a group of Paiute and Shoshone people from the Fort McDermitt and Duck Valley reservations calling themselves Atsa koodakuh wyh Nuwu (People of Red Mountain) filed a motion in Federal District Court on Tuesday, July 20 alleging that the Bureau of Land Management (BLM) violated the National Historic Preservation Act (NHPA) in permitting the project. The Paiute name for Thacker Pass is Pee hee mu’huh.

The motion alleges that BLM violated at least five provisions of the National Historic Preservation Act section 106 by failing to adequately consult with tribes, failing to give opportunities for public comment, and failing to consider input in development of their plan for mitigating or avoiding impacts to Northern Paiute and Western Shoshone cultural sites in Pee hee mu’huh. The motion asks the court for a “preliminary injunction” which would halt the mining company from conducting any ground-disturbing activities in the near future.

Arlan Melendez, Chairman of the Reno-Sparks Indian Colony, said: “We will do everything possible to support the indigenous People of Red Mountain and protect this sacred place by making sure that the proper consultation is afforded to all stakeholders, especially the Tribes.”

The motion is likely to result in Reno-Sparks Indian Colony and Atsa koodakuh wyh Nuwu becoming plaintiff- interveners in an existing lawsuit, which was filed on February 26th by four environmental organizations (Basin and Range Watch, Great Basin Resource Watch, Wildlands Defense, and Western Watersheds Project).

The existing lawsuit claims that the Bureau of Land Management violated the National Environmental Policy Act and other laws. Native American claims under the National Historic Preservation Act represent an allegation of wrongdoing not yet heard in the courts, opening a new front in the legal battle.

Will Falk, one of the attorneys representing Reno-Sparks Indian Colony and Atsa koodakuh wyh Nuwu in this case, believes that this motion will likely delay the project significantly and could even void the already- granted Federal permit unless actions are taken to come into compliance with the law.

“The BLM Winnemucca office failed to honor its obligations to consult with Native American Tribes about traditional cultural properties and sacred sites in Pee hee mu’huh under the National Historic Preservation Act. The Joe Biden administration and first-ever Native Secretary of the Interior Deb Haaland have promised that federal agencies will engage in meaningful and robust government-to-government consultation with the Tribes. They are not currently honoring that promise to Tribes who consider Pee hee mu’huh sacred.”

Lithium Nevada, the U.S. subsidiary of Lithium Americas, originally planned to begin constructing the Thacker Pass mine in early 2021 through a contractor with the North American Coal Corporation, but delays in permitting, determined opposition, and concerns from locals have already put the project a year behind schedule.

The Thacker Pass project already faces two lawsuits, official protests to required water rights transfers, a protest camp on the mine site that has been in place for six months, contentious public meetings, and widespread opposition from local indigenous peoples, farmers, and ranchers.

Native opposition has been particularly determined. On June 24th, the National Congress of American Indians (NCAI), the oldest and largest national organization of American Indian and Alaska Native tribal governments, passed resolution #AK-21-027 stating that “NCAI opposes the Thacker Pass lithium mine” and calling on the Department of the Interior to rescind the permits.

The injunction request filed today is the second the court has received in the past two months. On May 27, the four environmental groups who filed suit in February also asked the court for a preliminary injunction to halt planned “mechanical trenching” operations at Thacker Pass at twenty-seven undisclosed sites. This trenching would be up to “40 meters” long and “a few meters deep” at seven sites. The remaining twenty sites would undergo excavations up to five feet deep.

In response to the news of this planned trenching, Atsa koodakuh wyh Nuwu organized a rally on July 7th at the offices of Far Western Anthropological Research Group, Inc., the for-profit archeological company hired to excavate the cultural sites at Thacker Pass. At the demonstration, speakers from allied groups and Atsa koodakuh wyh Nuwu emphasized that the proposed mining activities will desecrate this sacred place, which is the site of a massacre described in Paiute oral history.

In an official statement delivered to Far Western employees, the group stated: “The Tribal Members who comprise Atsa Koodakuh wyh Nuwu are fiercely concerned with the proposed desecration of cultural sites and ancestors’ remains. Our oral histories are clear regarding the fact that Peehee Mu’huh [the Paiute name for Thacker Pass] is a massacre site. Western science, government policy, and corporations deny our self- determination and self-representation through this failure to honor traditional knowledge; proposing to verify our truths through an act of desecration instead.”

Supporters of Atsa koodakuh wyh Nuwu have also filed complaints with the Register of Professional Archeologists alleging the digging up the cultural and burial sites at Thacker Pass. Removing cultural artifacts and remains without full consultation and consent violates the ethical principles outlined by the Society for American Archaeology. Principle Number 2: Accountability states that “responsible archaeological research, including all levels of professional activity, requires an acknowledgment of public accountability and a commitment to make every reasonable effort, in good faith, to consult actively with affected group(s), with the goal of establishing a working relationship that can be beneficial to all parties involved.”

The People of Red Mountain’s letter confronts Far Western’s breach of ethics and emphasizes the responsibility of Far Western’s archaeologists “to heal historic traumas and re-vision the relationship between Archaeology and Indigenous Peoples to be based on morality and ethics rather than extraction of ancestors, minerals, and knowledge.”

Lithium Americas stock price peaked at $26.82 on January 19, four days after the Record of Decision was released, but has since dropped to half that value. The mine project, which would violate indigenous rights, destroy important wildlife habitat, and pollute air and water, has been described as a “national and international embarrassment.”

Timeline

  • January 15, 2021 — Due to regulations cuts and “fast-tracked” permitting under the Trump Administration, the Bureau of Land Management releases a Record of Decision approving the Thacker Pass mine less than a year after beginning the Environmental Impact Statement process required under the National Environmental Policy Act. On the same day, the Protect Thacker Pass camp is established.
  • February 11, 2021 — Local rancher Edward Bartell files a lawsuit (Case No. 3:21-cv-00080-MMD- CLB) in U.S. District Court alleging the proposed mine violates the Endangered Species Act by harming Lahontan Cutthroat Trout, and would cause irreparable harm to springs, wet meadows, and water tables.
  • February 26, 2021 — Four environmental organizations (Basin and Range Watch, Great Basin Resource Watch, Wildlands Defense, and Western Watersheds Project) file another lawsuit (Case No. 3:21-cv-00103-MMD-CLB) in U.S. District Court, alleging that BLM violated the National Environmental Policy Act, Federal Land Policy Management Act, and other laws in permitting the Thacker Pass mine.
  • May 13, 2021 — Lithium Nevada informs Plaintiffs in the Feb. 26th lawsuit that it intends to begin ground disturbance at Thacker Pass as soon as June 23 to remove Native American artifacts & cultural sites as part of a “Historic Properties Treatment Plan.”
  • May 20, 2021 — Atsa koodakuh wyh Nuwu releases public statement of opposition to the Thacker Pass mine & starts a petition which has gathered nearly 2,000 signatures.
  • May 27, 2021 — The four environmental groups who filed suit on Feb. 26th ask Federal Judges for a Preliminary Injunction to block Lithium Nevada’s proposed Historic Properties Treatment Plan.
  • June 8, 2021 — In exchange for a two-week extension to file response briefs to the Plaintiffs’ Motion for Preliminary Injunction, the BLM and Lithium Nevada agree that no ground disturbance activities at Thacker Pass would occur before July 29, 2021.
  • June 12, 2021 — A rally opposing the Thacker Pass mine is held in Reno, Nevada, with several hundred people attending. Speakers include members of the Pyramid Lake Paiute Tribe, Fort McDermitt Paiute-Shoshone tribe, Duck Valley
  • June 24, 2021 — The National Congress of American Indians (NCAI), the oldest and largest national organization of American Indian and Alaska Native tribal governments, called on the Department of the Interior to rescind the permits for the Thacker Pass project.
  • July 7, 2021 — A rally is held at the Carson City office of Far Western Anthropological Research Group, Inc., the for-profit archeological company hired to excavate the cultural sites at Thacker Pass. Atsa koodakuh wyh Nuwu (People of Red Mountain) deliver a signed letter stating that if Far Western digs up sacred and cultural sites at Thacker Pass, they will be committing actions that are unethical and wrong.
  • July 19, 2021 — The Reno-Sparks Indian Colony and Atsa koodakuh wyh Nuwu (People of Red Mountain) file a motion in Federal District Court alleging that the Bureau of Land Management (BLM) violated the National Historic Preservation Act (NHPA) in permitting the planned lithium mine.

ATTACHMENTS:

  1. Motion filed in U.S. District Court on July 19th by the Reno-Sparks Indian Colony and Atsa koodakuh wyh Nuwu (People of Red Mountain).
  2. Letter to Far Western Anthropological Research Group from Atsa koodakuh wyh Nuwu (People of Red Mountain).

We are heading towards a future of massively increased mining if we cannot change direction

The plan to “electrify everything” that is rapidly taking over all economic and policy planning around the world means that mining for metals and minerals will increase dramatically to supply demand for technologies like EVs and so much more.

Metals Demand

Take a look at this image from the International Energy Agency (IEA) report “The Role of Critical Minerals in Clean Energy Transitions“, and you can see how the demand for various metals and minerals will skyrocket in the coming decades. The IEA writes in this report that “Clean energy transitions will have far-reaching consequences for metals and mining.”

And, as we’ve posted here before, they write: “…mineral demand for use in EVs and battery storage is a major force, growing at least thirty times to 2040. Lithium sees the fastest growth, with demand growing by over 40 times in the SDS by 2040, followed by graphite, cobalt and nickel (around 20-25 times).” (SDS refers to a Sustainable Development Scenario tool the IEA uses to project demand for energy to meet the various scenarios laid out under the Paris Climate Agreement goals.)

In a separate report, “Net Zero by 2050: A Roadmap for the Global Energy Sector“, the IEA writes: “The energy transition requires substantial quantities of critical minerals, and their supply emerges as a significant growth area. The total market size of critical minerals like copper, cobalt, manganese and various rare earth metals grows almost sevenfold between 2020 and 2030 in the net zero pathway. Revenues from those minerals are larger than revenues from coal well before 2030. This creates substantial new opportunities for mining companies.”

They write “substantial new opportunities for mining companies” as if it’s a good thing. As if all of this mining isn’t destroying life on planet Earth. How policy makers and the corporations with they work with can go forward with these plans without seeing the devastation that they will cause is just incomprehensible.

Metals mining alone causes > 50% of all environmental pollution annually in the US. This % is likely to increase dramatically with the prospects of the fast growing mining sector thanks to Biden’s executive order to ensure domestic supplies of metals and minerals.

Mining is the most destructive human activity on Earth. Those who promote “net zero”, “clean energy”, and “clean technology” like EVs want MORE of this destructive activity at a time when we know that we are in a sixth mass extinction, that habitat loss and over development are causing far more species and biodiversity loss than any other factor, and that without healthy, clean, intact ecosystems on Earth we doom ourselves along with countless other species on Earth to certain extinction.

Some have said that the Thacker Pass Lithium mine is a “benign” mining project, especially in comparison to other kinds of mining, like copper mining. But as you can see from the image above from the IEA report, EVs require large amounts of copper, which will lead to an increase in copper mining. Lithium is just one of many metals and minerals required by “clean technology” such as EVs, so you can’t separate a supposedly “benign” lithium mine from all those other kinds of mines: they go hand-in-hand, because if you want to build EVs you need all of these materials too, not just lithium.

(Note that we do not see the Thacker Pass Lithium Mine project as any more “benign” than any other kind of mine — digging a massive pit in the ground and piling toxic waste rock and tailings on the land destroys the land no matter what kind of mine it is.)

Reducing energy demand is mentioned only once, as a passing thought, in the 224 page Net Zero report and only once in the 287 page Role of Critical Minerals report.

Art by Kim Gillis: The blood of the Earth and all who have been sacrificed to mining, car culture, and industrialization. Thank you Kim!

References:

Judge to decide whether lithium mine activity can move forward as Fort McDermitt tribal members, Reno-Sparks Indian Colony seek to intervene

July 22, 2021

In front of a federal courthouse in downtown Reno on Wednesday morning, more than 50 people from Indigenous groups across the state gathered in a peaceful protest against the proposed Thacker Pass lithium mine north of Winnemucca. Protesters waved signs at cars driving by.

Their message to those inside the eighth-floor courtroom was clear: “Protect Thacker Pass.” “Consultation is NOT Consent.” “Fort McDermitt Tribal Descendants Against Lithium Nevada.”

U.S. District Court Judge Miranda Du’s courtroom was filled on Wednesday with Indigenous activists, environmentalists and employees for Lithium Nevada, the company developing the mine. Company shareholders joined through a phone line.

It was an important hearing for a lithium project at the center of an energy transition away from fossil fuels and toward electrification. Since federal land managers approved the mine in the final days of the Trump administration, it has drawn scrutiny from Native American tribes in the Great Basin, environmental groups and the rural communities that would surround the mine.

The hearing stemmed from a lawsuit, filed by four environmental groups in February. In their suit, the groups challenged the government’s approval of the mine, arguing that the U.S. Bureau of Land Management fast-tracked a key environmental review and did not fully weigh the mine’s impacts. Now they are asking the court to halt mine-related activities until the issue is settled.

At issue on Wednesday was whether the court should grant an injunction — an order that would stop impending archeological digging at the mine site — as litigation proceeds.

As early as next Thursday, July 29, federal land managers had been expected to give Lithium Nevada permission to begin trenching and digging as part of a Historic Properties Treatment Plan to collect and catalogue artifacts. In court filings, the company argued that the work is a prerequisite to installing the water and power lines needed to begin construction in early 2022.

Last week, tribal descendents of the Fort McDermitt Paiute and Shoshone Tribe, which is near the mine, held a protest at the Carson City headquarters of Lithium Nevada’s archeological contractor. The group of tribal members, Atsa koodakuh wyh Nuwu, or the People of Red Mountain, left a letter on the contractor’s door and asked to meet with the company.

Talasi Brooks, an attorney representing the environmental groups, said that excavation activities would cause an “irreparable harm” to the winter habitat for Greater sage-grouse, a sensitive bird species that relies on sagebrush, quiet places, and faces multiple threats in the Great Basin.

“There will likely be more sage-grouse mortality because of this habitat destruction,” argued Brooks, a staff attorney for the Western Watersheds Project, one of the plaintiffs in the case.

The public interest, she argued, leaned toward granting an injunction that Brooks said would only cause the mining company a “temporary delay,” even if the court ultimately upholds the environmental review.

The judge, who peppered the attorneys with questions about substantive and procedural claims, plans to rule on the injunction by July 29. But that date is now important for another reason: A new motion could bring additional arguments into the courtroom.

The day before the hearing, the Reno-Sparks Indian Colony and tribal members from the Fort McDermitt Paiute and Shoshone Tribe filed a motion to intervene as a plaintiff on the side of the environmental groups. They argue that federal land managers, in approving the mine, violated provisions of the National Historic Preservation Act that require input from tribes and the public.

The Reno-Sparks Indian Colony, the motion notes, “attaches cultural and religious significance to historic properties that will be affected by the Thacker Pass Lithium Mine Project.” The claims in the motion also represent the People of Red Mountain, who consider Thacker Pass sacred, the site of a massacre and a hiding spot when soldiers forced their ancestors onto reservations.

In a brief filed yesterday, lawyers for the groups seeking to intervene in the case said the People of Red Mountain “preserve and pass on oral histories about Thacker Pass (“Peehee mu’huh”), regularly perform ceremonies in Peehee mu’huh, hunt and gather in Peehee mu’huh, plan on performing ceremony, hunting, and gathering in Peehee mu’huh in the future, and are concerned with the Project’s effects on historic properties located within its footprint.

Read the rest at The Nevada Independent. Photo of Gary McKinney, a member of the Shoshone-Paiute Tribes of the Duck Valley Indian Reservation, by David Calvert for The Nevada Independent.

California’s electric car revolution, designed to save the planet, also unleashes a toll on it

by Evan Halper for the LA Times

July 21, 2021

A mining permit pushed through in the last week of the Trump administration allows the Canadian company Lithium Americas Corp. to produce enough lithium carbonate annually to supply nearly a million electric car batteries. The mine pit alone would disrupt more than 1,100 acres, and the whole operation — on land leased from the federal government — would cover roughly six times that. Up to 5,800 tons of sulfuric acid would be used daily to leach lithium from the earth dug out of a 300-foot deep mine pit.

Tribal members and some ranchers are fighting the plans, alarmed by details in the environmental impact assessment: The operation would generate hundreds of millions of cubic yards of mining waste and lower the water table in this high desert region by churning through 3,200 gallons per minute. Arsenic contamination of the water under the mine pit could endure 300 years.

Pronghorn antelope roam amid the sage brush that spreads for miles in Thacker Pass, nestled between the Montana and Double H mountain ranges. The sound of fierce winds is interrupted by the occasional call of a brown eagle or screech of a hawk. The Lithium Americas blueprint would transform the pass into a hub of industrial activity.

“Our Indigenous people have been here so long. This is our homeland,” said Daranda Hinkey, a tribal member and secretary of People of Red Mountain, a group of Indigenous people fighting the mine. “We know every mountain in our language. We don’t get to leave. This is our origin story.”

Hinkey, 23, studied environmental policy at Southern Oregon University, examining transportation emissions and climate change and the green economy. “But we did not talk about things like this,” she said. “We never talked about, ‘look at how much they are extracting.’ We talked about sustainability, but this does not seem sustainable.”

Many of the tribal members who gathered for a daylong ceremony on the pass recently shared stories of the fallout from the area’s long history with mercury, gold and silver mining. The tradeoffs for the jobs mining brought to Nevada’s Humboldt County, they said, were cancer clusters, water and air contamination and broken promises to clean up the land.

Now tribal members are working with environmental activists, many of whom are living in a protest camp set up the day the Thacker Pass permit was approved in January.

“They would come in here with explosives, with heavy earthmoving equipment, and they would begin by scraping off everything that we can see here,” Max Wilbert, a leader of the protest camp, said as he gestured toward sagebrush stretching to the horizon.

Read the rest at the LA Times. Photo by Carolyn Cole for the LA Times.

Legal Update from the Hearing in Reno, July 21

In a video from Thacker Pass this morning, Max describes the status of the legal efforts to Protect Thacker Pass / Peehee Mu’huh.

Yesterday, a judge in the federal court in Reno heard arguments on a preliminary injunction motion filed against the Bureau of Land Management (BLM) and Lithium Nevada Corporation (LNC) by the four environmental organizations who are suing the BLM and LNC. The lawsuit claims the Record of Decision by the BLM violates the Federal Land Policy and Management Act (FLPMA) and the National Environmental Policy Act (NEPA). On June 8, the group filed the injunction motion to prevent the BLM and LNC from proceeding with mine construction until their lawsuit is heard in court.In court yesterday, the judge heard arguments from the BLM and Lithium Nevada, as well as lawyers for the four environmental groups. The judge did not decide on the injunction motion yesterday, but we expect a decision on this motion by July 29.

On Tuesday, Reno Sparks Indian Colony and People of Red Mountain filed a motion to intervene in this case. This means that Reno Sparks Indian Colony and People of Red Mountain want to join the lawsuit against BLM and LNC as plaintiffs.

The motion to intervene brings new arguments to the case that fall under the National Historic Preservation Act. Under this law, the federal government is required to consult with native tribes with connections to the land before digging in or mining the land. We believe there is a strong case that the federal government has violated this law. We expect the judge to decide whether to let Reno Sparks Indian Colony and People of Red Mountain intervene in the case in the next couple of weeks.

The National Historic Preservation Act is not a strong law for protecting the land. The law does not say corporations can’t dig up a place or mine a place; it just says that the federal government must consult with tribes prior to permitting the digging and mining of a place. The government is not obliged to deny the permit even if the people with whom they consult are opposed to the mining of the land. This law is colonial law: it gives the federal government jurisdiction over land, which, in the case of Thacker Pass / Peehee Mu’huh, was never formally ceded by the tribes. There is no treaty signed that covers the Thacker Pass area, so there is no legal basis for the state of Nevada or the Federal Government to claim the land, other than the doctrine of discovery, the original law of colonization and genocide on this continent.

We will continue to use all legal tools available to us to fight the Thacker Pass Lithium Mine, despite the National Historic Preservation Act being a weak law. Whether we like it or not, the court exists, the federal government believes it has jurisdiction over this land, and so we must fight the mine using these tools. But we will not count on these legal tools working, and so that is why we continue to occupy the land in opposition to the mine.

There are three key decisions we are waiting on: the judge’s decision about whether to let Reno Sparks Indian Colony and People of Red Mountain to join the case; the decision on the injunction motion from the four environmental groups, and the decision from the BLM about whether to issue the permit for archeological digging. If the judge decides not to allow Reno Sparks Indian Colony and People of Red Mountain to join the case and rejects the injunction motion, and the BLM decides to issue the permit, then Far Western Archeology Research Group can commence digging as soon as July 29.

However, we hope at least one of these decisions goes our way, in which case digging could be delayed until August.

Either way, we continue to occupy Thacker Pass / Peehee Mu’huh and prepare to resist any corporate activity from LNC or Far Western. We must not forget that the legal system, federal law, and regulations are all set up to allow projects like the Thacker Pass Lithium Mine to go forward, no matter the impact to the land, the water, the air, or the human and non-human communities a mine like this will have. The system is stacked against us.

We have each other! We must join together, and take advantage of any time we gain to continue to pressure the people in power, and prepare to put our bodies on the line. We will continue to pressure the Secretary of the Interior, Deb Haaland, our representatives in government, and local officials to rescind existing permits and deny the outstanding permits for this mine, and to meet with the Reno Sparks Indian Colony and People of Red Mountain and listen to their concerns.

Join us! Call your representatives. Call the Department of the Interior. Call officials. Come to camp. Make art, write, protest. Donate.

Thank you.

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Life and Lithium at Thacker Pass

This episode of Muse Ecology is a terrific podcast with interviews with members of the People of Red Mountain, local community members, campers at Thacker Pass, and other supporters of Protect Thacker Pass. 

In this episode in the Water, Life, Climate, and Civilization series, we hear diverse voices from the resistance to the proposed lithium mine at Thacker Pass in northern Nevada, on Paiute and Shoshone ancestral lands.

Listen here: https://museecology.com/2021/07/13/23-life-and-lithium-at-thacker-pass/

The National Congress of American Indians Passes Resolution In Support of Protection of Thacker Pass

The National Congress of American Indians Resolution #AK-21-027

The resolution “Supporting the Protection of Northern Paiute and Western Shoshone Ancestors and Cultural Lands at the Thacker Pass in Nevada and Protection of Eagles by Limiting Take Permits” was adopted by the General Assembly at the 2021 Mid Year Conference of the National Congress of American Indians, held June 20, 2021 – June 24, 2021, with a quorum present.

NOW THEREFORE BE IT RESOLVED, that the National Congress of American Indians (NCAI) calls on the U.S. to uphold its trust and treaty obligations to Tribal Nations by engaging in robust and adequate tribal consultation on the Thacker Pass mine and another other proposed lithium mine to allow all Tribal Nations to participate consistent with the U.N. Declaration on the Rights of Indigenous Peoples’ Free, Prior, and Informed Consent policy; and

NOW THEREFORE BE IT RESOLVED, that NCAI opposes the Thacker Pass lithium mine and calls on the Department of Interior (DOI) Bureau of Land Management (BLM) to rescind the approval of the mine’s Plans of Operation

View full resolution.

#ProtectPeeheeMuhuh #ProtectThackerPass