by DGR News Service | Jun 6, 2021 | Biodiversity & Habitat Destruction, Climate Change, Colonialism & Conquest, Culture of Resistance, Direct Action, Mining & Drilling, Movement Building & Support, Repression at Home
Editor’s note: The company has already sold a handful of its onshore oil blocks over the past 10 years, citing the need to cut risk due to community unrest and continued sabotage attacks on its oil installations. These blocks had been snapped up by Nigerian indigenous operators including Seplat Petroleum, Aiteo E&P, First Hydrocarbons and NPDC.
This article originally appeared on Common Dreams.
Featured image: An Ugandan activists holds a sign urging a stop to the East African Crude Oil Pipeline. (Photo: Fridays for Future Uganda/Twitter)
“We cannot drink oil. This is why we cannot accept the construction of the East African Crude Oil Pipeline.”
by Brett Wilkins, Common Dreams staff writer
Climate campaigners in Africa and around the world on Friday continued demonstrations against Total, with activists accusing the French oil giant of ecocide, human rights violations, and greenwashing in connection with fossil fuel projects in Uganda.
On the 145th week of Fridays for Future climate strike protests, members of the movement in Uganda global allies drew attention to the harmful effects of fossil fuel development on the environment, ecosystems, communities, and livelihoods.
Friday’s actions followed protests at Total petrol stations in Benin, the Democratic Republic of Congo, Egypt, Ghana, Kenya, Nigeria, Togo, and Uganda on Tuesday—celebrated each year as Africa Day—against the East African Crude Oil Pipeline (EACOP), now under construction, and the Mozambique Liquefied Natural Gas project.
“Total’s fossil fuel developments pose grave risks to protected environments, water sources, and wetlands in the Great Lakes and East Africa regions,” said Andre Moliro, an activist from the Democratic Republic of the Congo, during Tuesday’s pan-African protests.
“Communities have been raising concerns on the impact of oil extraction on Lake Albert fisheries and the disastrous consequences of an oil spill in Lake Victoria, that would affect millions of people that rely on the two lakes for their livelihoods, watersheds for drinking water, and food production,” he added.
In Uganda, opposing oil development—an expected multi-billion-dollar boon to the landlocked nation’s economy—can be risky business. On Monday, police in Buliisa arrested Ugandan human rights defender Maxwell Atuhura and Italian journalist Federica Marsi.
According to Energy Voice, Atuhura—who works with the African Institute for Energy Governance (AFIEGO), one of half a dozen NGOs that have pursued legal action against Total—and Marsi were about to meet with local community members when they were apprehended.
Marsi was released Monday and reportedly told to leave the oil region “before bad things happen.” She was briefly rearrested later in the day. Atuhura remains in police custody. The World Organization Against Torture has issued an urgent appeal for intervention in his case.
United Nations special rapporteurs and international human rights groups have previously expressed serious concern over abuses perpetrated against land defenders and journalists in Uganda. Despite the risks, actions against EACOP and the related Tilenga Development Project continue.
“We cannot drink oil. This is why we cannot accept the construction of the East African Crude Oil Pipeline,” Ugandan climate justice activist Vanessa Nakate, founder of the Rise Up Movement, said during the Africa Day action. “It is going to cause massive displacement of people [and the] destruction of ecosystems and wildlife habitats.”
“We have no future in extraction of oil because it only means destroying the livelihoods of the people and the planet,” Nakate added. “It is time to choose people above pipelines. It is time to rise up for the people and the planet.”
If completed, the $3.5 billion, nearly 900-mile EACOP will transport up to 230,000 barrels of crude oil per day from fields in the Lake Albert region of western Uganda through the world’s longest electrically heated pipeline to the Tanzanian port city of Tanga on the Indian Ocean.
In partnership with China National Offshore Oil Corporation (CNOOC) and the Uganda National Oil Company (UNOC), Total is also leading the Tilenga Development Project, which involves the drilling of 400 wells in dozens of locations, including iniside the richly biodiverse Murchison Falls National Park.
Total says the project will “generate a positive net impact on biodiversity,” a claim vehemently rejected by environmentalists.
“Imagine a tropical version of the Alaskan oil pipeline,” environmental author Fred Pearce wrote of EACOP last year. “Only longer. And passing through critical elephant, lion, and chimpanzee habitats and 12 forest reserves, skirting Africa’s largest lake, and crossing more than 200 rivers and thousands of farms before reaching the Indian Ocean—where its version of the Exxon Valdez disaster would pour crude oil into some of Africa’s most biodiverse mangroves and coral reefs.”
Although Total claims it chose the EACOP route to “minimize the number of residents relocated,” local residents and international NGOs say the pipeline’s impact will be anything but minimal.
According to Mongabay, more than 12,000 families will be displaced from their ancestral lands to make way for the pipeline, two-thirds of which will pass through agricultural zones. Farmers in the pipeline’s path and the Lake Albert oil region have joined civil society groups and international organizations in voicing their opposition to the EACOP and Tilenga projects.
The #StopEACOP coalition, which is made up of local and international activists and organizations, is attempting to block funding of the project by appealing to banks, investors, and insurance companies. A March open letter signed by more than 250 groups urged 25 commercial banks to not finance the pipeline.
In 2017, WWF Uganda published a report warning that the pipeline “is likely to lead to significant disturbance, fragmentation, and increased poaching within important biodiversity and natural habitats” that are home to species including chimpanzees, elephants, and lions.
Wildlife forced from natural habitats by oil development has in turn caused severe disruptions to farming families.
“We have always had a problem of human-wildlife conflict in this village, but with drilling and road construction across the park, the invasions are more frequent,” Elly Munguryeki, a farmer living just outside Murchison Falls National Park, told South Africa’s Mail & Guardian earlier this month.
“We keep reporting the losses to park authorities but nothing happens,” said Munguryeki. “Each night a herd of buffalo, baboons, and hippos from the park would invade my farm and neighbouring plots and eat our crops until dawn. Whatever they left would be eaten by baboons and wild pigs during the day, forcing us to harvest premature crops.”
A 2020 Oxfam report (pdf) noted the EACOP “will cross poor, rural communities in both Uganda and Tanzania that lack the political and financial capital of the project stakeholders.”
“The lopsided complications of this power dynamic are well-documented in similar extractive industry projects,” the report stated. “Powerful companies are often able to hide their operations behind local contractors and permissive government authorities. Often the only hope that local communities have for remediation or justice is through local government bodies that are often weak, fragile, or captured by corporate and national interests.”
Mary, an Ugandan farmer in Rakai near the Tanzanian border who was interviewed for the report, said that “when this pipeline project came, they promised us too many things. Up to now they have done nothing.”
“What makes me worried is that they took my land but I have not yet been compensated,” she claimed.
A community member from Rujunju village, Kikuube District in Uganda told the report’s authors that “the government and oil companies have not informed us about the negative impact that the EACOP will have on our well-being. All they tell us are good things that the EACOP will bring like roads and jobs. We also want to know the negative impact of the pipeline so that we can make informed decisions.”
by DGR News Service | Feb 25, 2023 | ANALYSIS, Biodiversity & Habitat Destruction, Colonialism & Conquest, Indigenous Autonomy, Mining & Drilling
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!
by DGR News Service | Jan 2, 2023 | ACTION, Indigenous Autonomy, Mining & Drilling
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.
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.
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
by DGR News Service | Aug 27, 2021 | Biodiversity & Habitat Destruction, Climate Change, Colonialism & Conquest, Indigenous Autonomy, Listening to the Land, Mining & Drilling, Movement Building & Support, Obstruction & Occupation, Repression at Home, Toxification
On Friday, August 27th at 2pm Pacific, attorneys for Reno-Sparks Indian Colony and Atsa Koodakuh wyh Nuwu (People of Red Mountain) will hold a virtual press conference updating supporters and media members on the lawsuits against the Bureau of Land Management and Lithium Nevada Corporation.
Earlier that morning, there will be a hearing in Federal District Court. Judge Miranda Du will hear arguments from Reno-Sparks Indian Colony and Atsa Koodakuh wyh Nuwu (People of Red Mountain) on their motion for a preliminary injunction. If Judge Du grants the injunction, she is recognizing that these plaintiffs have a good chance of succeeding in their lawsuit which argues that the Bureau of Land Management violated federal law when they permitted the Thacker Pass lithium mine by not properly consulting with tribes. The full lawsuit will be heard later in 2021 or early 2022.
Friday’s hearing will be open to the public via video conference, but not in-person. We encourage anyone who is interested to attend. **But legal hearings can be hard to understand if you are not a lawyer, which is why we are planning to hold this virtual press conference that afternoon to explain what is happening in the case.**
Questions will be accepted and members of the press are invited to join.
The press conference will be live streaming on the Protect Thacker Pass Facebook page.
Legal update and hearing this week
Media coverage regarding the July 21st Thacker Pass mine-related injunction hearing seems to misunderstand the current status and implications of the ongoing legal battles over Thacker Pass, or “Peehee Mu’huh.”
Contrary to these media misrepresentations, Thacker Pass’ fate has not yet been decided – far from it. Lithium Nevada still has formidable legal obstacles to overcome – including the recent addition of Paiute-Shoshone plaintiffs bearing new, stronger arguments against the excavation of cultural sites at Thacker Pass.
It’s true that on July 23rd, Nevada Federal District Court Judge Miranda Du refused to grant an injunction that would have prohibited, on environmental grounds, the archaeological excavation of cultural sites at Thacker Pass. The judge rejected claims that the preliminary archaeological digging (of numerous hand-dug holes and seven 40-meter trenches) would cause irreparable environmental harm to the area.
However, some of the recent media coverage fails to clarify two crucial points. First, the July 23rd decision pertains only to the request for a preliminary injunction, rather than to the underlying legal case itself. Second, and even more importantly, on July 19th new plaintiffs moved to intervene in the legal case.
What is a Preliminary Injunction?
A preliminary injunction is a court order that preserves the status quo between relevant parties while the judge makes larger decisions about the underlying case. Since American law assumes that money can repair all harm, the legal system often allows companies to continue their projects even during an active lawsuit. If the judge rules that the company (or the BLM) violated the law, these defendants can compensate the harmed party with money. However, many judges recognize that money is not always an adequate reparation for harm to the environment or to cultural resources. Therefore, in such cases, judges often entertain a preliminary injunction motion.
Why did Judge Du reject the first preliminary injunction request?
In considering the environmental groups’ motion for a preliminary injunction, Judge Du acknowledged the possibility that the initial, archaeological excavations mentioned above could cause irreparable environmental harm. Although the judge ultimately decided that the smaller archaeological excavations would not cause that level of disturbance, she has not yet ruled on the environmental threat posed by the entire project.
What comes next for the environmental lawsuit?
The underlying legal case (filed back in February by Western Watersheds Project, Wildlands Defense, Great Basin Resource Watch, and Basin and Range Watch), challenges the Bureau of Land Management’s Record of Decision, which permitted the corporation’s proposed lithium mine on public land. If the judge rules in favor of the plaintiffs and against the BLM, the Record of Decision will be suspended or vacated entirely. The judge’s final decision on that case is slated for January 2022 and will assess and respond to the environmental harm of the entire proposed mining project, which includes chemical processing facilities and a 400-foot deep open pit that would destroy miles of surface area in Thacker Pass.
Lithium Nevada investors are foolish to overlook the fact that the primary legal decision on the Thacker Pass project still remains to be made. Even more significantly, Judge Du recently accepted the addition of local tribal groups to the case. The judge acknowledged that these new plaintiffs make stronger arguments – on cultural grounds – against both the archaeological digging and the entire project.
Why and how are Native Tribes and organizations getting involved?
The night before the July 21st hearing, the Reno-Sparks Indian Colony and the People of Red Mountain (a committee of land protectors from the Fort McDermitt Paiute-Shoshone reservation) made a formal motion to intervene in the case. Conceding that the lawsuit filed by Western Watersheds, etc., did not adequately represent tribal concerns, Judge Du admitted these two groups as plaintiffs to the case. The Burns Paiute Tribe, making similar arguments, has since joined the case as well. In July 2021, the judge decided to consolidate the lawsuits by adding these three indigenous groups’ lawsuit, as well as the lawsuit filed by local rancher Edward Bartell, to the original case filed by the environmental groups.
On July 27th, the Reno-Sparks Indian Colony and the People of Red Mountain moved for their own preliminary injunction, on the grounds that digging up cultural sites — including burial sites and a massacre site — would do irreparable spiritual and cultural harm to them as indigenous people whose ancestors lived in and around Peehee Mu’huh.
The indigenous groups also argue that the BLM failed to adequately consult with all relevant tribes before issuing the Record of Decision.
What will happen if Judge Du grants the Preliminary Injunction request?
If the judge supports the tribes by granting this preliminary injunction after the hearing scheduled for August 27th, the corporation and the contracted archaeological group cannot disturb Thacker Pass until the end of January at the earliest. Receiving this injunction would mean that if the BLM issues an Archaeological Resources Protection Action (ARPA) permit to Far Western Anthropological Group, allowing archaeologists to begin trenching and digging at Thacker Pass, the BLM would be doing so illegally. Granting the preliminary injunction on August 27th would likely protect Thacker Pass until at least spring of 2022, since Lithium Nevada has stated they would have to wait for winter snows to melt before digging.
What if Judge Du refuses to grant the injunction?
Even if the judge refuses to grant the injunction in August 2021, both the BLM and Lithium Nevada still face many legal hurdles. The BLM must contend with a separate lawsuit filed by local rancher Ed Bartell and not yet heard in court. This lawsuit raises environmental concerns, including threats of further depletion of the already over-allocated aquifer and harm to Lahontan cutthroat trout, a Federally-listed threatened species. Bartell and another local rancher have also challenged water rights transfers which the corporation needs for the mine.
When will the preliminary injunctions be over, and the full lawsuit be heard?
Judge Du has stated that she intends to decide on this case by early 2022.
If the judge rules in favor of the tribes, the BLM will have to restart the consultation process. This process would need to include any tribes that wish to be included, and up to ten tribes in the region have demonstrable cultural ties to the Thacker Pass. The consultation process could easily take 1-2 years, during which time local, national, and international opposition may continue to build.
If the Judge rules in favor of Bartell and/or the environmental groups, the NEPA process may need to be revisited, which could similarly take years.
Meanwhile, Lithium Nevada also still needs air and water permits from the Nevada Division of Environmental Protection, Eagle Take permits from the U.S. Fish and Wildlife Service, and the ARPA permit from the BLM before construction can begin. The corporation also still needs the BLM to set the mining reclamation bond amount.
Contrary to statements made by Lithium Nevada and recent media coverage, this nefarious and ill-conceived lithium mining project still remains rather far from a reality. The fate of Peehee Mu’huh truly does still hang in the balance, and if any of the current plaintiffs win their cases, this mine could take many years to properly permit. It may never happen. It is essential that all people stand up against the destruction of the planet, poisoning of water, rampant colonialism, harm to local communities, and greenwashing represented by lithium mining projects like this.
For more on the Protect Thacker Pass campaign
#ProtectThackerPass #NativeLivesMatter #NativeLandsMatter
by DGR News Service | Jun 15, 2021 | Biodiversity & Habitat Destruction, Colonialism & Conquest, Lobbying, Mining & Drilling
Fort McDermitt, Nevada – As soon as July 29, 2021, Lithium Nevada Corporation (LNC) plans to begin removing cultural sites, artifacts, and possibly human remains belonging to the ancestors of the Paiute and Western Shoshone peoples for the proposed Thacker Pass open pit lithium mine.
According to a motion for preliminary injunction filed by four environmental organizations in the case Western Watersheds Project v. United States Department of the Interior, LNC intends to begin “mechanical trenching” operations at seven undisclosed sites within the project area, each up to “40 meters” long and “a few meters deep.” The corporation also plans to dig up to 5 feet deep at 20 other undisclosed sites, all pursuant to a new historical and cultural resources plan that has never been subject to meaningful, government-to-government consultation with the affected Tribes or to National Environmental Policy Act analysis.
Daranda Hinkey, Fort McDermitt Paiute and Shoshone tribal member and secretary of a group formed by Fort McDermitt tribal members to stop the mine, Atsa Koodakuh wyh Nuwu (People of Red Mountain) states: “From an indigenous perspective, removing burial sites or anything of that sort is bad medicine. Our tribe believes we risk sickness if we remove or take those things. We simply do not want any burial sites in Thacker Pass or anywhere in the surrounding area to be taken. The ones who passed on were prayed for and therefore should stay in their place, no matter what. We need to respect these places. The people at Lithium Nevada wouldn’t go and dig up their family gravesite because they found lithium there, so why are they trying to do that to ours?”
LNC’s Thacker Pass open pit lithium mine would harm the Fort McDermitt Paiute and Shoshone Tribe, their traditional land, and traditional foods like choke cherry, yapa, ground hog, and mule deer. It would also harm water, air, and wildlife including sage grouse, Lahontan cutthroat trout, pronghorn antelope, and sacred golden eagles.
Thacker Pass is named Peehee mu’huh in Paiute. Peehee mu’huh means “rotten moon” in English and was named so because Paiute ancestors were massacred there while the hunters were away. When the hunters returned, they found their loved ones murdered, unburied, rotting, and with their entrails spread across the sage brush in a part of the Pass shaped like a moon. According to the Paiute, building a lithium mine over this massacre site at Peehee mu’huh would be like building a lithium mine over Pearl Harbor or Arlington National Cemetery.
Land and water protectors have occupied the Protect Thacker Pass camp in the geographical boundaries of LNC’s open pit lithium mine since January 15. Will Falk, attorney and Protect Thacker Pass organizer, says: “Our allies, the People of Red Mountain, do not want to see their ancestors disturbed and their sacred land destroyed. We plan on stopping Lithium Nevada and BLM from digging these cultural sites up.”
On Tuesday, June 15th at 11am PST / 2pm EST, we will be phone banking to Secretary of Interior Deb Haaland (Laguna Pueblo) to ask that she rescind (cancel) the Record of Decision for Thacker Pass, delay the project for consultation, and meet with Atsa Koodakuh wyh Nuwu (People of Red Mountain) to discuss the issues here.
During this phone bank, we will be live streaming a press conference featuring Fort McDermitt tribal members and other concerned people. Please join us by filling out the information on this form and join us to #ProtectPeeheeMu’huh / #ProtectThackerPass!
SIGN UP HERE: https://forms.gle/z4Y2w2dKaw7WMHwE6
Event hosted by People of Red Mountain, One Source Network, Moms Clean Air Force, and Protect Thacker Pass. Please share widely!
For more on the Protect Thacker Pass campaign
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