Reno-Sparks Indian Colony Press Conference on Thacker Pass

Reno-Sparks Indian Colony Press Conference on Thacker Pass

November 29
For Immediate Release

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.

###

Protect Thacker Pass and several named defendants are fighting a lawsuit filed against them by Lithium Nevada Corporation. We are seeking monetary donations to their legal defense fund. You can donate via credit or debit cardPayPal (please include a note that your donation is for Thacker Pass legal defense), or by check.

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

The Electric Vehicle ‘revolution’ and Forever Wars

The Electric Vehicle ‘revolution’ and Forever Wars

Editor’s note: The US military is the largest emitter of greenhouse gas pollution in the world. It is through the allocation of over half the federal government budget that this is made possible. So when companies say that the destruction of the environment must be done to save the planet, this fact is never mentioned. We are in fact in an existential situation and yet ending the war machine is never on the table. The evil empire will do what it has always done, which is to extract the wealth of the land to the determinant of those that live there. And this will not end until it collapses. If we are to have anything left before this happens we must fight to save it.


By Katie Fite/Counterpunch

Critical Minerals Propaganda

In early summer, Vale BLM (Bureau of Land Management) held a Resource Advisory Council meeting in McDermitt, ground zero for the critical minerals rush on public lands. Lithium driller Jindalee HiTech got to talk about the company’s horrifying new exploration drilling proposal for 267 more drill holes, wastewater sumps, and 30 miles of new “temporary” roads. The project would tear rip apart irreplaceable Sage-grouse Focal habitat, as a prelude to open pit strip mining for lower grade lithium. The BLM geologist showed a video, How Critical Minerals are Vital to the Climate Fight, that had appeared on ABC news.

One narrator, Reed Blakemore, was from the Atlantic Council think tank known for never seeing a War or US-backed coup it wouldn’t propagandize and cheerlead for. The other narrator works for an organization called SAFE. Their mission appears to be strident propaganda shaping policies, perceptions and practices and support for wresting control of critical minerals and energy, no matter how unsafe it makes the world or how much environmental damage is caused. The two harangue viewers about the need to get “shovels in the ground”. It includes a clip of Biden bragging about the Defense Production Act.

SAFE’s Website boasts about working with retired 4 star generals. A scroll through their Twitter account shows them pushing for streamlining environmental analysis–like the type of NEPA and tribal consultation short-cuts which contributed to the Thacker Pass (Peehee mu’huh) controversy that rages on. SAFE screeches about mineral laundering by China, adores high voltage transmission lines, and my favorite: SAFE believes the Biden admin must take an aggressive approach that raises strong walls around foreign entities of concern while lowering drawbridges for our allies, like South Korea”. And hurl pots of burning oil down on the enemies of Fortress America from the castle keep?

This energy transition and critical minerals crusade on public lands is very much about retaining a corporate iron grip on energy, and increasingly seems to be about feeding the Military Industrial Complex. Watching the video, it belatedly dawned on me that critical minerals and green energy Neocons are driving much of the agenda. It’s certainly neocolonialist, but with the added twist of the Neocon global control freaks, and no dissent is allowed. We’ll grab what we want, anywhere, no matter if we break it all apart, no restraints tolerated, and we and our friends will make a fortune. The McDermitt caldera encapsulates the clash between supposed clean energy and the dirty reality for public land, water, communities, biodiversity, and a sane path to sustainability and energy change.

The EV “revolution” is being carried out with the same mindset, hubris, lies, greed, propaganda and war mongering that plunged us ever deeper into the fossil fuels mess and Forever Wars. The public is being propagandized by the Atlantic Council, SAFE, and others to blindly accept the sacrifice of any place, anywhere – under claims of saving us from climate change (as we continue to guzzle energy without limits). It’s also about domination and empire. Just like with oil, they won’t be content with a “domestic supply”, and instead seek to control all of it. Leadership of big green groups often appears captured by these critical minerals and energy Neocons – witness those dead serious Sierra Club outreach e-mails with a tangle of high voltage transmission lines portraying NEPA short-cuts as a good thing.

War Contractor Bechtel Selected to Build the Thacker Pass Mine, Mine Costs Double

Environews provides a whirlwind summary of some 2023 Thacker Pass events. Lithium Americas contracted with Bechtel Mining and Metals for engineering, procurement and execution of the mine. Bechtel is an industrial contractor and war profiteer who reaped massive government contracts during our Forever Wars in Iraq and Afghanistan. They’ve already signed a reconstruction agreement with Ukraine, a tad prematurely. They go way back, having built Hoover Dam and infrastructure for the Manhattan atomic bomb project at Hanford and elsewhere. Hanford plutonium was used in the nuclear bomb the US dropped on the people of Nagasaki Japan. To this day, Bechtel is involved in Forever Clean Up at nuclear facilities, including the most toxic place in America, and helping work on new nukes, keeping the gravy train going. The International Committee for Investigative Journalists summarized:

“Bechtel has been heavily involved in both commercial and military nuclear activities. These have included some of the most notable nuclear mishaps in U.S. history, from California’s San Onofre reactor installed backwards, to the botched clean up of Three Mile Island … Bechtel is finding ways to profit from the radioactive mess its projects have created.”

Regarding Bechtel’s endless Hanford work and profiteering Joshua Frank describes “they have a really bad track record and are well known for reaping the spoils of U.S. military ventures all over the globe. In October they had a test facility up and running that was going to do a run of vitrification for low-level radioactive waste. They basically had a ribbon cutting for this big machine and it ran for a week, then overheated, and they had to shut it down”.

Tribes consider this land to be a Traditional Cultural Property. Reno-Sparks Indian Colony and Summit Lake Tribe submitted a Traditional Cultural Property Eligibility Statement, (Peehee mu’huh: A Living Monument to Numu History and Culture District. September 12, 1865 Thacker Pass Massacre Site) to the BLM. It seeks official Interior Department recognition. Now it’s reported that BLM is sitting on the document, and never transmitted it to the National Park Service who oversees National Historic Register sites. Meanwhile, site integrity is being obliterated. Time after time – in local, national and international media – elders and tribal members have said that lithium mining desecration and destruction at Thacker Pass is like digging up Arlington Cemetery.

A recent deluge of news articles, many appeared planted, hyped a geological study that largely rehashes long known geological information. This helps fuel speculation and increase political pressure on agencies to rubberstamp projects. Following weeks of media gushing about the overblown study, the Nevada Current exposes what’s going on:

“The study was funded by Lithium Americas, and includes research from Lithium Americas employee and shareholder, Thomas Benson”. He was the lead author, but most media stories skipped right over that inconvenient fact.

“John Hadder, the director of the Great Basin Resource Watch … said while the study may be helpful in pitching mining in the area, his organization has heard claims of “largest lithium deposit” from places around the world.

“I am concerned that this report will be used to advance more lithium mining in the region, and pressure the frontline peoples to accept mine plans,” said Hadder. “Regardless of how much lithium may be extractable, the sloppy permitting process that led to the Thacker Pass mine must not be duplicated. Indigenous ancestral lands that have cultural values must be protected, and Indigenous communities should have the right to say no”.

The publicity also bumped up Lithium Americas stock that had sagged a bit. And it seems there was another purpose, too. Lithium Americas is angling for a $1 billion DOE (Department of Energy) loan handout, the largest amount ever. The same outlets that hyped the geological paper are all agog, casting this as “an historic 1 billion”. Reuters now reports Lithium Americas had raised its budget for the first phase of the Thacker Pass project to $2.27 billion, from $1.06 billion, reflecting changes to its production plans”. The loan is claimed to be 50 to 75% of the mine cost. Is this price explosion due to estimates of production linked to the hyped study, or is there a huge mine cost over-run right out of the starting gate? Lithium Americas did choose a contractor with long experience profiting off the US’s trillion-dollar foreign misadventures and nuclear mess. If the lithium mine gets this obscene DOE handout, will dollars evaporate, like four Hanford whistleblowers exposed:

“It is stunning that, for a decade, Bechtel and AECOM chose to line their corporate pockets by diverting important taxpayer funds from this critically essential effort,” Assistant US Attorney Joseph Harrington said in a news release …The case started after four whistleblowers came forward in 2016, telling federal prosecutors about alleged time-card fraud in which the companies billed the U. S. Department of Energy for work that was never completed. The companies hired hundreds of electricians, millwrights, pipefitters … to build the plant … and then over-charged for the workers even when those workers had no duties to perform …”.

The Department of Justice Press release on the Hanford deception is here. The time-card fraud involved DOE funds. Now DOE appears on the verge of lavishing a billion-dollar loan on Lithium Americas who uses this same contractor.

GM Thacker Pass Lithium in Ultium Batteries, GM and War Machines

GM is now implicated as a major player in Caldera lithium mania. In January 2023, GM announced it would invest $650 million in Lithium Americas and use Thacker Pass lithium for its Ultium batteries:

“Lithium carbonate from Thacker Pass will be used in GM’s proprietary Ultium battery cells. … GM is launching a broad portfolio of trucks, SUVs, luxury vehicles and light commercial vehicles using the Ultium Platform, including the GMC HUMMER EV Pickup and SUV, GMC Sierra EV, Cadillac LYRIQ, Cadillac CELESTIQ, Chevrolet Silverado EV, Chevrolet Blazer EV, Chevrolet Equinox EV, BrightDrop Zevo 400 and BrightDrop Zevo 600”.

But these aren’t the only GM vehicles using Ultium batteries. Clean Technica headlined, “The US military is buying Ultium Battery Packs from GM Defense”. Get ready for the Green Wars, folks, including the Green Wars for Green Minerals. Are wild and sacred places of the McDermitt Caldera going to be destroyed not only for bloated GM pick-ups, street Hummers and virtue signaling about the climate crisis, but also for War machines too — gutting the West for critical minerals so we can waste untold amounts of energy and minerals on more Forever Wars?

GM Defense proclaims it’s driving the future of military mobility, with a five-passenger All-Electric Military Concept Vehicle, and working on energy storage for the tactical warfighter. Ultium batteries are also used in armored diplomatic vehicles that look like a sure hit with narco kingpins. Other monstrosities like this tactical truck, don’t yet appear to have EV batteries, but GM does promise they’re fuel efficient. How long until US troops de-stabilizing South American countries to gain control of their lithium, or maneuvering to grab foreign oil, are cruising around in EVs? At the end of a Reno KTVN Channel 2 video full of land destruction images and lithium company spin, the reporter says “lithium is a hot commodity”. The lithium company’s spokesman replies “it’s essential for national security”. Note that lithium is also used in designs of some nuclear reactors and in the nuclear weapons industry.

GM Greenwashing, Thacker Pass Lithium, Social Injustice

A Mighty Earth report, GM Wants ‘Everybody In’ on Greenwashing, tells how GM’s human rights policy conflicts with its investment in Thacker Pass, how they’re building hulks while smaller cars sold may largely be from China, a continuing dirty supply chain, a poor score in indigenous rights protection, and how often GM makes commitments but doesn’t follow through. In the report, the People of Red Mountain Atsa Koodakuh wyh Nuwu explain that “the entire landscape of the McDermitt caldera is sacred to Nevada, California and Oregon tribal nations”

The brutal 1865 US cavalry massacre of a Paiute camp at Thacker Pass was part of the memory-holed Snake War of Extermination. The massacre was not revealed by BLM in the mine EIS. During litigation, Tribes presented resounding evidence – US surveyor records, contemporaneous newspaper stories, and survivor Ox Sam’s own account from Big Bill Haywood’s Autobiography. The Biden-Haaland BLM brushed it all aside, to the anger and dismay of Tribes and many other people. The stalled Traditional Cultural Property document contains the records. Perhaps doling out a $1 billion loan for the destruction of an officially recognized massacre site might be a bridge too far, even for Jennifer Granholm’s DOE.

In spring 2023, the Ox Sam women’s protest camp was set up at Thacker Pass by a gaping water pipeline trench the company had ripped past sacred Sentinel Rock. The camp was raided after a protest action. Now Ox Sam descendants and white activists associated with the camp are being sued in a vile SLAPP suit: After getting hammered with lawsuits aimed at halting development of a lithium mine at Northern Nevada’s Thacker Pass, a Canadian-based mining company has turned the tables and is suing the mine’s protesters … the protesters and an attorney representing them counter that the lawsuit is similar to a strategic lawsuit against public participation (SLAPP), aimed at intimidating and silencing their free speech”.

How’s that for upholding ESG (Environmental, Social and Governance) principles, and the other social responsibility jargon Lithium Americas and the mob of Caldera miners use to lull investors?

Aurora Schemes of Yellowcake and Green Uranium

Aurora Energy Metals is trying to resurrect a uranium project long thought dead. Promotion videos show Greg Cochran, an Australian “uranium veteran” leading the Aurora charge. Before alighting in the Caldera, Cochran had been with Australian uranium miner Deep Yellow. Here’s Friends of the Earth Melbourne on Deep Yellow, “The Mulga Rock uranium project east of Kalgoorlie is now under the leadership of a team with a track record of over-promising, under-performing and literally blowing up cultural sites”. And this from the Conservation Council of WA (West Australia),“We’ve gone from the inexperienced and cash-poor Vimy Resources to Deep Yellow who are led by a team with a track record that highlights why uranium mining does not have a social license”. 

Aurora drilled a few exploration holes in fall 2022 extended a bit of drilling into a winter exclusion period. Now they seek to expand drilling under a NEPA-less, no public comment Notice, which is how the Jindalee sagebrush killing drilling to date has been done.

Aurora’s mining scheme, where some lower grade lithium overlays uranium deposits, is explained in a Proactive Investors video. Cochran envisions the mine of the future with a conveyor belt or pipeline jetting lithium or uranium slurry or crushed rock from Oregon across the state line down onto private land in Nevada, where a processing plant and waste heaps would be located. The video interviewer asks: “Tell me more about this property you bought in Nevada”. Cochran replies:

“Yeah, we kept that under wraps for quite a while because we wanted to make sure that nobody else kind of gazumped us. … We had this strategy of identifying suitable locations within Nevada for the processing plant … because… we know that they understand mining a lot better than Oregon … Nothing is a free pass, but it would allow us, we believe, to permit quicker. Private land to boot is even more attractive. … We discovered that one of the landowners was looking to sell. So, right place, right time. I’m already … envisioning … the mine of the future. Where you develop this mine. You’ve got a crusher, you run a very fancy overland conveyor – or pipeline for that matter – across to Nevada which as the crow flies it’s only 8 or 9 k’s – so there’s no tracking, no footprint … negligible CO2 emissions …’.

He says the Aurora project would be ticking all the boxes in terms of ESG (Environmental, Social and Governance) approval – right after detailing a plan to evade Oregon regulations on uranium pollution by moving the hot rocks across the state line. Apparently, radioactive material infiltrating air, groundwater, plants, wildlife, and contaminating the community, doesn’t count when you’re ticking ESG boxes. The same plan is repeated in a Mining Network video here, with Cochran talking about Nevada land enabling Aurora to “permit a quarry in Oregon”, which he describes as fairly straightforward, while siting the processing plant and waste heaps in Nevada. In a Thacker Pass state permitting meeting, Nevada Department of Environmental Quality staff admitted they couldn’t recall not permitting a mine.

Aurora’s Nevada land is around 4 miles west of town, right by the state line south of where the Disaster Peak county road starts. In an Australian publication, Aurora, described as a “shining light”, says that because there’s some hydropower at the site “we have the potential to deliver green uranium”, in a “uranium friendly mining jurisdiction”. Welcome to Nevada – the Uranium Waste Heap State. No Rocks Too Hot to Handle. You can already envision more billboards sprouting up on Highway 95.

A past effort to wrest uranium from Caldera earth fizzled when Fukushima grayed up the miner’s blue sky on uranium. Back then, Oregon mining activist Larry Tuttle warned in Read the Dirt about yellowcake production, water use, the toxic waste stream, tailings ponds and Oregon’s very own Lucky Lass superfund site experience near Lakeview:

Sulfuric acid in the tailings also dissolves and leaches heavy metals – mercury, molybdenum, arsenic, lead, manganese, and cadmium – as well as uranium. (The Aurora site has already been extensively mined for mercury, which pose additional health perils; sulfuric acid easily bonds with and transports mercury to waterways.) Residual uranium elements in the tailings decay and release radon; heavy metals also continue to interact within tailings and other wastes.

For communities as diverse as Moab, Utah, and Jeffrey City, Wyoming (often called yellowcake towns), the effects of uranium mining on public services and resources; ground and surface water; and, air quality are serious and dramatic”.

The Moab Times just reported on resistance to uranium mining and processing at the La Sal Complex near Moab and the Pinyon Plain mine near the Grand Canyon, in “Ute Mountain Utes march against White Mesa as Energy Fuels prepares to reopen uranium mines:

“Some White Mesa residents have long been concerned that the mill, which lies four miles north of the community, is contaminating nearby groundwater, air and wildlife with radon that allegedly blows and seeps off the mill’s tailings impoundments”.

While uranium miners attempt to tamp down dangers, Ute tribal members monitoring past mining effects have measured whopping levels of uranium in spring water, there’s a sulfur odor in the air with re-processing taking place, and animals are disappearing from the mesa. For the record, uranium was recently shifted from the critical minerals list, and is now a fuel mineral with friends in Congress. Caldera uranium is found in uraninite and coffinite ore. No, someone didn’t have a morbid sense of humor, it’s said to be named after a geologist.

Trying to track the serial land destroyers and speculators who’ve descended on the Caldera is quite confusing. It’s unclear who now controls FMS claims. On-line sources show conflicting information. An Aurora prospectus said they control Oregon FMS “CALD” claims. A company named Chariot now appears involved with Oregon and Nevada FMS claims – all located in terrible places for wildlife. Lithium Americas holds a north-south block of claims in extremely sensitive wildlife habitat up in the Montana Mountains. They repeatedly told the public during the Thacker Pass EIS process that the project was sited to avoid those Sage-grouse conflicts, and that they wouldn’t mine up there because wildlife values were so high.

Puzzlingly, a 2016 SEC Report map shows Lithium Americas then controlling much of the current Jindalee claims block in “Miller” [Malheur] county. Why would they let go of Oregon claims while gearing up for Thacker? FMS Nevada claims lie in critical sagebrush by the east face of the Montanas. LiVE, another company, also has some Nevada claims. This month, there were mining press articles and a video about Jindalee drilling again this November. I contacted Vale BLM, and BLM says No. If you’re out in the Caldera, keep your eyes on what’s going on.

Jim Jeffress, a retired NDOW biologist (so he can speak his mind) describes how ideal for Sage-grouse Caldera lands are. He says what happens in the Montana Mountains with key sage grouse habitat “will define the resolve of the state of Nevada and BLM in the recovery of Sage-grouse in Nevada”. He extols the high bird abundance, the ideal habitat configuration, calls the Montanas exceptionally important, the gold standard for Sage-grouse, and a critical bridge between populations, writing:

“My primary concern is focused on ANY mine site or extraction areas on top of the Montana Mountains in the area commonly referred to as Lone Willow, now or in the future. That concern extends into Jordan Meadows in the east that serves as wintering grounds for the Montana Mountains sage-grouse population and those in southern Oregon”.

The Caldera is a unique inter-connected ecosystem, spanning Nevada and Oregon, with irreplaceable habitat for Sage-grouse and other wildlife. It must be protected from a mad, rapacious minerals rush.

Photo Bhie-Cie Zahn-Nahtzu in prayer at Peehee Mu’huh from Protect Thacker Pass website


Event Alert

Environmental Advocates and Groups To Protest Latest Proposed Algonquin Pipeline Expansion Near Shuttered Indian Point Nuclear Plant

On Tuesday, activists will rally outside the shuttered Indian Point nuclear plant in Buchanan in protest of the latest proposed Algonquin Pipeline Expansion in the area. The protest will occur blocks from where, in 2016, three activists were arrested for blocking the last Algonquin Pipeline expansion of an added 42-inch high-pressure pipeline. In addition, two older 32-inch and 23-inch pipelines run underneath the plant. Decommissioning at Indian Point houses over 2,000 tons of irradiated fuel rods in addition to other radioactive waste.

Protestors will call on Governor Hochul to stop pipeline owner Enbridge’s latest “Project Maple” proposal. Project Maple was noticed by Enbridge HERE.

WHAT: Rally calling on Governor Hochul to stop Enbridge’s “Project Maple” fracked gas pipeline expansion

WHEN: Tuesday, November 14 at 4:30pm ET

WHERE: Outside the shuttered Indian Point nuclear plant on the corner of Bleakley Ave & Broadway in Buchanan, NY

WHO: Activists representing Food & Water Watch, United for Clean Energy, Safe Energy Rights Group, and more

SIGN-UP HERE: https://www.mobilize.us/fww/event/592008/

“Project Maple” would significantly expand the amount of gas transmitted through the Algonquin Pipeline which runs from the Hudson Valley through Connecticut to Massachusetts. Enbridge anticipates its proposal to come on line as soon as November 2029.

The proposal to expand fracked gas in the region comes despite New York’s Climate Leadership & Community Protection Act which mandates greenhouse gas emissions reductions of at least 85 percent by 2050 and the state’s nation leading ban on fossil fuels in new buildings, which will go into effect in 2026.

Courts Urged to Block ‘Illegally Approved’ Lithium Mine

Courts Urged to Block ‘Illegally Approved’ Lithium Mine

Editor’s note: The Thacker Pass lithium mine project reflects more than one injustices in the world: greenwashing mines, denying U.S. atrocities against indigenous tribes, grabbing indigenous land against their will, ecocide. This article highlights some of these injustices.


By Brett Wilkins / Common Dreams

A coalition of conservation groups on Tuesday joined Native American tribes in launching legal challenges to a proposed lithium mine in northern Nevada that critics say was “illegally approved” and will “irreparably damage” the delicate desert ecosystem and land where Indigenous peoples are seeking federal historical recognition of a genocidal massacre perpetrated by U.S. colonizers.

Members of the Western Watersheds Project filed an emergency motion in federal court Tuesday seeking an injunction against the Thacker Pass Lithium Mine in Humboldt County pending action by the 9th U.S. Circuit Court of Appeals to ensure the project—which would tap into the largest known source of lithium in the United States and was approved during the final days of the Trump administration—complies with federal law.

“This mine should not be allowed to destroy public land unless and until the 9th Circuit has determined whether it was legally approved,” Western Watersheds Project staff attorney Talasi Brooks said in a statement announcing the filing.

“There’s no evidence that Lithium Nevada will be able to establish valid mining claims to lands it plans to bury in waste rock and tailings, but the damage will be done regardless,” Brooks added, referring to the subsidiary of Canada-based Lithium Americas that is seeking to build the mine. Lithium is a key component of electric vehicle batteries, cellphones, and laptops.

The emergency motion follows a lawsuit filed last week by the Reno-Sparks Indian Colony, Burns Paiute Tribe, and Summit Lake Paiute Tribe in response to U.S. District Judge Miranda Du’s earlier ruling that largely favored Lithium Americas and rejected opponents’ claims that the project would cause “unnecessary and undue degradation” to the environment and wildlife.

“When the decision was made public on the previous lawsuit last week, we said we would continue to advocate for our sacred site PeeHee Mu’Huh. A place where prior to colonization, all our Paiute and Shoshone ancestors lived for countless generations,” Arlan Melendez, chairman of the Reno-Sparks Indian Colony, said in a statement.

“It’s a place where all Paiute and Shoshone people continue to pray, gather medicines and food, honor our nonhuman relatives, honor our water, honor our way of life, honor our ancestors,” Melendez added.

All three tribes call Thacker Pass PeeHee Mu’Huh, which means “rotten moon”—a name given to honor the dozens and perhaps scores of Northern Paiute men, women, and children who were massacred by Nevada Cavalry on September 12, 1865.

According to an account by one participant:

Daylight was just breaking when we came in sight of the Indian camp. All were asleep. We unslung our carbines, loosened our six-shooters, and started into that camp of savages at a gallop, shooting through their wickiups as we came. In a second, sleepy-eyed squaws and bucks and little children were darting about, dazed with the sudden onslaught, but they were shot before they came to their waking senses…

We dismounted to make a closer examination. In one wickiup we found two little papooses still alive. One soldier said, “Make a cleanup. Nits make lice.”

The three tribes assert that all of Thacker Pass should be listed on the National Register of Historic Places.

“While Americans tend to focus on only the proud moments of American history, the shameful history of genocide perpetrated by the American government against Native Americas is nevertheless a broad pattern running throughout American history,” Michon Eben, the Reno-Sparks Indian Colony’s cultural resource manager, wrote in a 2022 letter to the U.S. Bureau of Land Management (BLM).

Eben added that the tribe “considers the destruction of its traditional cultural properties for another mine another act of genocide in the broad pattern running throughout American history.”

Indigenous advocates argue that victims of the 1865 massacre were never properly buried, that human remains and artifacts are still being discovered in Thacker Pass, and that federal authorities failed to properly consult tribes on the mine project in violation of the National Historic Preservation Act.

“Part of the federal government’s responsibility is to determine if a proposed mining project may adversely affect historic properties. Historic properties include Native American massacre sites,” Eben told Nevada Current. “The BLM failed in its trust responsibility to tribes and now our ancestors’ final resting place is currently being destroyed at PeeHee Mu’huh.”

“The BLM failed in its trust responsibility to tribes and now our ancestors’ final resting place is currently being destroyed.”

Will Falk, attorney for the Reno-Sparks Indian Colony and co-founder of Protect Thacker Pass—which set up a protest camp on the site of the proposed mine—accused BLM officials of lying about the massacre site being located outside the project area.

“The Biden administration and [Interior] Secretary Deb Haaland keep paying lip service to tribal rights and respect for Native Americans,” Falk told Last Real Indians last year. “Well, now three federally recognized tribes are saying that BLM Winnemucca did not respect tribal rights. It’s time that BLM halts this project so the tribes can be heard.”

Tim Crowley, vice president of government affairs and community relations for Lithium Nevada, argued in a statement that “since we began this project more than a decade ago, we have been committed to doing things right,” and that Du’s ruling “definitively supported the BLM’s consultation process, and we are confident the ruling will be upheld.”

While global demand for lithium is surging, extraction of the metal can have devastating consequences, including destruction of lands and ecosystems and water contamination.

“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,” contends Max Wilbert of Protect Thacker Pass. “You can’t blow up a mountain and call it green.”


Please donate to support the case and fund legal costs!

DONATE: https://www.protectthackerpass.org/donations-and-funding/

New Lawsuit Challenging Thacker Pass Mine [Press Release]

New Lawsuit Challenging Thacker Pass Mine [Press Release]

February 17, 2023

Late yesterday, three Native American Tribes — the Reno-Sparks Indian Colony, Burns Paiute Tribe, and Summit Lake Paiute Tribe — launched a major new lawsuit against the Thacker Pass lithium mine.

Will Falk is representing RSIC and SLPT in this lawsuit, and Protect Thacker Pass is providing media support. Please donate to support the case and fund legal costs!

DONATE: https://www.protectthackerpass.org/donations-and-funding/

This new case contains major allegations that were not heard in the prior court case, and may be a significant road block for the mine.

FOR IMMEDIATE RELEASE

“This Fight Isn’t Over” – Three Tribes File New Lawsuit Challenging Thacker Pass Lithium Mine

February 17, 2023

RENO, NV — Three Native American tribes have filed a new lawsuit against the Federal Government over Lithium Nevada Corporation’s planned Thacker Pass lithium mine, the latest move in what has become a two-year struggle over mining, greenwashing, and sacred land in northern Nevada.

The lawsuit, filed by the Reno-Sparks Indian Colony, Burns Paiute Tribe, and Summit Lake Paiute Tribe on in Federal District Court on Thursday evening, includes three major allegations.

First, the tribes claim that the Bureau of Land Management (BLM) withheld crucial information from the Nevada State Historic Preservation Office and lied about the extent of tribal consultation in order to secure legally-required concurrence about historic properties in Thacker Pass.

Second, the tribes allege that Lithium Nevada, with BLM’s complicity, lied about terminating a set of older permits for mining-related activities in Thacker Pass. Further, the tribes say that the BLM has, without notifying tribes or the public, expanded the scope of previous permit authorizations dozens of times, allowing Lithium Nevada to conduct preliminary mine construction activities that are harming traditional cultural properties in Thacker Pass.

Third, the lawsuit argues that the BLM lied about consulting with Tribes before issuing their Record of Decision, and that the agency has continually refused to acknowledge both oral and written histories presented by the Tribes about the sacredness and cultural significance of Thacker Pass.

In total, the lawsuit asserts that the BLM has violated the Federal Land Policy Management Act, the National Historic Preservation Act, and the National Environmental Policy Act, and is also guilty of Breach of Contract.

This lawsuit comes just one week after Judge Miranda Du ruled largely in favor of Lithium Nevada and the BLM in a prior consolidated case involving claims brought in 2021 by environmental groups, a local rancher, and two Native American tribes (the Reno-Sparks Indian Colony and the Burns Paiute Tribe).

However, that case only considered events and information prior to January 15, 2021, when the BLM issued the Record of Decision (ROD) — the main Federal permit — for the Thacker Pass lithium mine project. Tribal claims were curtailed by this limitation, which blocked key evidence from being heard — evidence that is integral to the new case.

The new lawsuit is also strengthened by the addition of the Summit Lake Paiute Tribe, one of the Tribes that the BLM claims to have consulted with prior to issuing the ROD. Summit Lake and both other tribes the BLM claims to have consulted (the Winnemucca Indian Colony and Fort McDermitt Paiute-Shoshone Tribe) have disputed BLM’s assertion that any consultation took place. (The Winnemucca Indian Colony filed to intervene in the previous court case, but was blocked from taking part by Judge Du, for seeking intervention too late in the case.)

All three litigating tribes hold Thacker Pass, known as “Peehee Mu’huh” in the Paiute language, as a sacred and culturally important site which has been used for gathering edible and medicinal plants, hunting and fishing, conducting ceremonies, camping, and everyday lifeways of Paiute and Shoshone peoples. Many oral histories, passed down for generations among regional Native American communities, tell of the significance of this area.

Thacker Pass is also the site where two massacres of Paiute people took place – one which occurred prior to colonization as part of an inter-tribal raid, and a second which took place on September 12, 1865, when Federal troops massacred between 31 and 50 Paiute men, women, and children in a surprise attack at dawn.

Much of this history has been assembled for the first time in a comprehensive ethnological report commissioned by the Reno Sparks Indian Colony and Summit Lake Paiute Tribe, which is titled “Thacker Pass/Peehee mu’huh: A Living Monument to Numu History and Culture.” The tribes submitted that report to the Department of the Interior on February 3rd as part of an application to list both the 1865 massacre site and the whole of Thacker Pass, which tribes are calling the “Thacker Pass Traditional Cultural District,” under the National Register of Historic Places. (Numu is what the Northern Paiute call themselves.)

Arlan Melendez , Chairman of the Reno-Sparks Indian Colony:
“When the decision was made public on the previous lawsuit last week, we said we would continue to advocate for our sacred site PeeHee Mu’Huh. A place where prior to colonization, all our Paiute Shoshone ancestors lived for countless generations. And is the very same place they were massacred (never laid to rest properly) by the U.S. Calvary. It’s a place where all Paiute Shoshone people continue to pray, gather medicines & food, honor our non-human relatives, honor our water, honor our way of life, honor our ancestors.
Our contention is with the largest lithium mine in country and the expansion of the 40 plus other lithium claims proposed for the State of Nevada. They should have notified all Tribes sooner. The Thacker Pass permitting process was not done correctly. BLM contends they have discretion to decide who to notify or consult with. They only contacted 3 out of the 22 tribes who had significant ties to Thacker Pass.
One of the Biden Administration’s first actions when they took office was to prioritize ‘regular, meaningful, and robust consultation’ with Tribes. That did not happen with Thacker Pass, and we need the Federal Government to make that right. Our history, our culture, our people, and our sacred sites must be protected.”

Diane Teeman, Director, Culture & Heritage Department, Chairperson, Tribal Council, Burns Paiute Tribe:
“Thacker Pass is known as a spiritually powerful place because of the presence of the remains of tribal Ancestors and their spirits. Our Paiute oral history tells us that we Paiutes have lived in this area since before the Cascade Mountains were formed. Our people follow our unwritten traditional tribal laws and philosophy of life which require we respect all other living things including plants, animals, minerals, and so on. Our traditional ways require we live in reciprocity with all other things and never put ourselves as feeble humans above others. For this reason, our unwritten traditional tribal law requires we do everything in our power to protect it. Only the Tribe and its members can speak to the significance of an area to the Tribe.”

Will Falk, attorney representing the RSIC and SLPT:
“BLM fast-tracked its review of the Thacker Pass Lithium Mine Project and was moving so fast, it made a number of mistakes including failing to identify the September 12, 1865 massacre site, even though BLM possessed descriptions of this massacre in its own General Land Office records. The Tribes have notified BLM of the cultural, spiritual, and historical significance of Thacker Pass, but BLM continues to refuse to acknowledge this information. BLM’s failure to acknowledge the information the Tribes have provided about the significance of Thacker Pass was not reviewed by the court in the previous lawsuit. BLM has committed a number of violations of federal law since the original lawsuit was filed in 2021. My clients and I look forward to exposing the tricks BLM has played on the Tribes for the Thacker Pass Project.”

Michon Eben, Tribal Historic Preservation Officer at the Reno-Sparks Indian Colony:
“Part of the Federal Government’s responsibility is to determine if a proposed mining project may adversely affect historic properties. Historic properties include Native American massacre sites. The BLM failed in its trust responsibility to tribes and now our ancestor’s final resting place is currently being destroyed at Peehee Mu’huh. Why is it that when our ancestors’ burials are under threat, its business as usual? We are demanding mutual respect for our dead relatives and their final resting place. The BLM and non-native archeologists do not have the expertise to determine whether a property is of religious or cultural importance to a tribe. Native American tribes are the special experts of our culture and Peehee Mu’huh/Thacker Pass is significant to regional tribes and to American History.”

Shelley Harjo, Fort McDermitt Tribal Member:
“Are we willing to sacrifice sacred sites, health and internal balance for short term economic gains while giant corporations create unmeasurable wealth, deplete resources, and leave our future generations to endure the disorder the Thacker Pass mine would leave behind? I will never believe this is the best method for greener living and nor do many other native people in our area. My elders who have been going up to fish and gather medicine in the Thacker Pass have been followed and harassed by Lithium Nevada’s private security, and now say they don’t feel safe on their own ancestral homeland. This is an unacceptable bullying tactic against elderly women by a foreign mining company that has no business here.”

Max Wilbert, Protect Thacker Pass:
“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.”

The Thacker Pass lithium mine project has become emblematic of what critics say is a rushed transition to “green energy” that is replicating many of the problems of the fossil fuel industry, resulting in major environmental damage, and harming communities on the frontlines. Opponents of the Thacker Pass say they aren’t arguing in favor of fossil fuels, but in favor of protecting the Earth. Lithium Nevada claims that its lithium mine will be essential to producing batteries for combating global warming, and the Biden administration has previously indicated some support for Thacker Pass. 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.

General Motors recently entered into an offtake agreement with Lithium Americas, the parent company of Lithium Nevada, to purchase a $650 million stake and to buy the lithium that is produced at Thacker Pass. News reports have stated that the agreement is contingent on the results of the previous lawsuit. It is unclear at this time how the new lawsuit will affect GM’s commitment to Thacker Pass.

###

Campaign Timeline

New Lawsuit
Thacker Pass Sacred Sites Are Already Being Damaged

Thacker Pass Sacred Sites Are Already Being Damaged

Tribal Chairman: “It’s Our Responsibility to Protect Sacred Sites”

RENO, NV — The Thacker Pass Lithium Mine in northern Nevada is headed back to Federal Court on January 5th as the lawsuits against the project near completion, but project opponents are raising the alarm that Lithium Nevada Corporation has already begun work on the proposed mine.

Lithium Nevada’s workers at Thacker Pass have begun digging test pits, bore holes, dumping gravel, building fencing, and installing security cameras where Native Americans often conduct ceremonies. Lithium Nevada also conducted “bulk sampling” earlier this year, and may be planning to dig dozens of new test pits across Thacker Pass. They’re claiming this work is legal under previous permits issued over a decade ago. But Tribes and mine opponents, including the Reno-Sparks Indian Colony and Summit Lake Paiute Tribe, disagree.

They point to language in the Final Environmental Impact Statement for the Thacker Pass Lithium Mine that says “authorization of [the mine] will terminate the [earlier permits].” The Federal permit for Thacker Pass was approved on January 15th, 2021.

Will Falk, attorney for the Reno-Sparks Indian Colony, explains: “Lithium Nevada told the government and the American public that it would terminate the older permits upon BLM’s approval of the Thacker Pass Project. Now they are going back on their word, it appears they are lying to get a headstart on building the Thacker Pass mine, and the BLM is allowing them to get away with it.”

Thacker Pass, known as Peehee Mu’huh in Paiute, is a sacred site to regional tribes whose ancestors lived in the area for thousands of years, and were massacred there on at least two occasions.

Michon Eben, Tribal Historic Preservation Officer at Reno-Sparks Indian Colony, says the site is incredibly important to Native American history. “Peehee Mu’huh is a sacred place where our ancestors lived and died. We still go there to pray, gather food and medicine, hunt, and teach our youth about the history of our people.” Eben and the Reno-Sparks Indian Colony are currently hosting an exhibit on the impacts of mining on Native people of Nevada.

Tribal members have stated in court filings that, because of the history of battles and massacres on the site, Thacker Pass is as significant to their culture as a site like Pearl Harbor is to American history. Arlan Melendez, Chairman of the Reno-Sparks Indian Colony, understands the importance of battle and massacre sites as both a Native American and as a U.S. Marine Corps veteran.

“As tribal leaders, it’s our responsibility to protect and honor our sacred places,” says Melendez. “Throughout US history, tribes have always been set up to lose in the US legal system against BLM. This Lithium Mine stands in the way of our roots and it’s violating the religious freedoms of our elders, our people.”

Falk, the Tribal attorney, says that Lithium Nevada’s construction activities at Thacker Pass are also violating tribal consultation rights.

“The Reno-Sparks Indian Colony and Summit Lake Paiute Tribe are still engaged in consultation with the BLM about the September 12, 1865 massacre site, a site that will be completely destroyed by Lithium Nevada’s mine if this project is built,” Falk says. “It’s hard to believe a government agency is consulting in good faith when they are already allowing the site to be harmed.”

Shelley Harjo, a tribal member from the Fort McDermitt Shoshone Paiute Tribe and an employee of the Reno-Sparks Indian Colony, has called the planned destruction of Thacker Pass “the biggest desecration and rape of a known Native American massacre site in our area.”

The upcoming January 5th hearing in Reno’s Federal Courthouse will be the final oral argument in the ongoing lawsuits against the Thacker Pass mine. Mine opponents are planning a march and rally outside. Plaintiffs, including the Reno-Sparks Indian Colony, Burns Paiute Tribe, four environmental organizations, and local rancher Edward Bartell, have alleged numerous violations of the law, and Judge Miranda Du is expected to issue her opinion in the case within days or weeks of the January 5th hearing.

“No matter what happens in court on January 5th, Thacker Pass is being destroyed right now and that threat will be ongoing,” says Max Wilbert, co-founder of Protect Thacker Pass. “We have to stop that.”

Lithium Nevada claims that its lithium mine will be essential to producing batteries for combating global warming, and the Biden administration has previously indicated some support for Thacker Pass. Opponents of the project have called this “greenwashing,” arguing that the project would harm important wildlife habitat and create significant pollution. They say that electric cars are still harmful to the planet.

Timeline

January 15, 2021 — Due to “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. On the same day, Max Wilbert and Will Falk established the Protect Thacker Pass camp.

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.

June 24, 2021 — The National Congress of American Indians (NCAI), the oldest and largest national organization of American Indian and Alaska Native tribal governments, calls on the Department of the Interior to rescind the permits for the Thacker Pass project.

Spring and Summer 2021 — Rallies, protests, and prayer runs take place in Orovada, Winnemucca, Reno, Carson City, and at Thacker Pass. More than 100 mine opponents gather at Thacker Pass to commemorate the 156-year anniversary of a September 12, 1865 massacre of at least 31 Northern Paiute men, women, and children committed by the 1st Nevada Cavalry. Thousands of people visit the site.

July 19, 2021 — The Reno-Sparks Indian Colony and Atsa koodakuh wyh Nuwu (People of Red Mountain) files a successful motion to intervene in Federal District Court (Case No. 3:21-cv-00080-MMD-CLB) alleging that the Bureau of Land Management (BLM) violated the National Historic Preservation Act (NHPA) in permitting the planned lithium mine.

August 2, 2021 — Burns Paiute Tribe files a motion to intervene on the side of tribal plaintiffs (Case No. 3:21-cv-00080-MMD-CLB).

September 15, 2021 — Bureau of Land Management accuses Will Falk and Max Wilbert of trespass for providing bathrooms to native elders at Thacker Pass, fining them $49,890.13.

October 8, 2021 — Eighteen native elders from three regional tribes request a BLM permit for their ceremonial camp. The BLM does not respond.

November 29, 2021 — The Reno-Sparks Indian Colony files an amended complaint in federal court alleging major previously unknown violations of the law. In January, Judge Miranda Du rejects the amended complaint because she wants to make a final decision on the case within a few months (note that the case has now continued for another calendar year).

February 11th, 2022 — Winnemucca Indian Colony files a motion to intervene in the lawsuit on the side of plaintiffs, claiming that BLM’s contention that they consulted with the Tribe is completely false. Judge Du rejects this motion shortly afterwards with the same reasoning used above.

April 4th, 2022 — Reno-Sparks Indian Colony files a Motion for Discovery Sanctions alleging that the BLM has been disobeying court orders and making “reckless, false statements” in a deliberate attempt to abuse the justice system and limit judicial oversight. Judge Du agrees with RSIC, but rejects the motion on a technicality.

August 2022 — BLM “discovers” five new historic sites at Thacker Pass and for the first time acknowledges the September 12, 1865 massacre took place, but continues to reject tribal expertise.

September 2022 — Lithium Nevada Corporation begins digging up portions of Thacker Pass for “bulk sampling” despite consultation still being ongoing between the Bureau of Land Management and regional tribes over cultural sites.

October 2022 — Dozens of mining activists from four continents visit Thacker Pass as part of the Western Mining Action Network biennial conference.

Contact:
Will Falk, Attorney for the Reno-Sparks Indian Colony and Summit Lake Paiute Tribe
Bethany Sam, Reno-Sparks Indian Colony Media Relations
Max Wilbert, Protect Thacker Pass