It’s been 10 months since I first arrived at Thacker Pass and began work to protect the land from a proposed open-pit lithium mine in earnest. Today I share this video reporting from the land and sharing reflections on where the movement to protect this place is at right now and where we are going. When we do fight, winning is not guaranteed. It takes a lot of people and a lot of hard work to even begin to have an impact.
But if we don’t fight, we will never win. We guarantee failure. Choosing to fight is important. So is fighting intelligently. Many battles are won or lost before there is any actual conflict. The preparation, planning, training, organization, logistics, and other behind-the-scenes work is where the magic happens.
I hope this video speaks to you and you find some inspiration. 🌎
Full transcript:
Hello, everyone. For those who don’t know, I’m here at a place that’s known today as Thacker Pass. The original Paiute name for this place is Peehee Mu’huh. The history of this land has really come to light since we’ve been here.
It was January 15, that my friend Will Falk and I set up camp on this land. It was just two of us; we didn’t know if anyone would pay attention or if anything would come of it. And we still don’t know; we still don’t know if we’re going to win, we still don’t know if we’re going to protect this land, because a company called lithium Nevada plans to turn this entire landscape into an open pit lithium mine. They want to blow it up and turn it into a mine to extract the lithium and turn it into batteries.
There’s a huge booming demand for batteries–for everything from electric cars to grid energy storage to electric power tools and smartphones. Partly, this is a consequence of industry and forces that are beyond our control: powerful individuals and corporations like Tesla, Elon Musk, this company with him Nevada, and many others. And partly it’s a result of our consumer culture. Of course, these are inseparable. There’s a book called Manufacturing Consent that talks about the media, about advertising, and analyzes these systems and how they create demand.
So this entire place is under threat, and it has been under threat for a long time now. We’ve been fighting since January. We’ve been fighting in the realm of public opinion, talking to the media, making videos, writing articles, discussing the issues, educating people about the harms of this type of mining.
Mining is one of the most destructive industrial activities that humans have ever undertaken, and in fact, it goes back further than the Industrial Revolution. There are mines from the Roman Empire that are over 2000 years old, which are still toxic and poisoning the land around them. The air pollution that was released by Roman mines across Europe can still be measured in the ice in Greenland.
There’s no way around the base fact of mining: that you’re blowing up the land, destroying it, breaking into pieces, scooping it up, and taking it to turn it into products. To turn it into money ultimately.
This mine, according to the mine’s supporters, is a green mine, because this lithium will be used to build electric cars, and to build batteries to support so called green energy technologies like solar and wind. Now, I used to support these things. I used to think they were a great idea. I don’t anymore. It’s not because my values have changed. I still value the planet, I’m still very concerned about global warming, and the ecological crisis that we find ourselves in. And in fact, that’s the reason why I oppose mines like this.
Because those stories that tell us that mining a place like this will save the world are lies. They’re lies and they have been told to us in order to facilitate businesses taking land like this and destroying it and turning it into profit. This is a story that we have seen again and again, throughout the generations. The substance that’s being pulled out of the ground might be different, but for the creatures who live here, for the water, the air, the soil, the surrounding communities of humans, whether or not to oppose a mine like this is really a question of courage. Because the truth is, this is not a green mine. The Earth does not want this mine. The land, the water, the non-human species who live here–they don’t want this mine. Humans want it. And humans who are from a consumeristic, first world, wealthy nation want it, so that they can benefit from the consumer goods that would be produced.
A lot of people want to live in a fantasy and tell themselves that we can solve global warming and reverse the ecological crisis by producing millions of electric cars, and switching en masse from coal power to solar and wind and so on.
This is a lie.
And it’s the best kind of lie. Because it’s very convincing. It’s very convincing. It tells people that they can have their cake and eat it too, that they can still live this modern high energy lifestyle, that life can continue more or less as we have known it. And yet, we can fix everything, we can save the world. It’s not true, but it’s very convincing. It’s very comforting to many people.
So sometimes I feel like I’m out here just bursting people’s bubbles. A lot of people don’t want that bubble burst–they want to hang on to it. They want to hang on to it at all costs, and they will delude themselves, they will lie to themselves repeatedly. And they will lie to others to continue to have that fantasy. Because the truth is not so easy to face.
The truth is that over the last 200 years, and far longer, this culture has laid waste to the ecology of this planet. The natural world is crumbling, under the assaults of industrial culture, civilization, colonization, capitalism. Whatever terms you want to define the problem with, the issues are the same. The world is being destroyed for future generations, and nonhumans are living through an ecological nightmare right now. And it’s a nightmare of our own making. It’s a nightmare that this culture has created and perpetuates every day.
So we have to face this, like adults, like elders with wisdom, with the ability to not shy away from difficult situations. And that takes courage. It takes courage because you’re going up against not just the capitalists and the businesses, you’re going up against–in many cases–your own friends and family. You’re going up against the mainstream environmental movement. You’re going up against the Democratic Party and the progressives, and much of the socialist movement. You’re going up against a large portion of the culture. And of course you’re going up against the fossil fuel oligarchs and the old industrial elite as well.
You know, I’ve felt pretty lonely out here. It’s felt pretty lonely at times throughout this fight, when we’ve had trouble getting people to join us on the ground, when we’ve had trouble getting support. At other times that support has come and has been very strong, and people have joined us here. I hope more people will continue to join us not just here but start their own fights.
We’ve seen the fight against the lithium mine down in Hualapai territory in what’s now called Arizona ramping up after Ivan Bender came up here and visited this place and talk to us and we had some great conversations about how we’re doing it here and how we’re fighting. That’s what I want to see. That’s That means a lot to me to see that.
So it’s a beautiful night here, the sun setting, and I’m thinking about all the people who’ve worked on this campaign; the hundreds and thousands of hours that have been poured into trying to protect this land. Because if this mine goes in this place is ruined for generations. I don’t know how long but hundreds of years, at least, if it’ll ever come back, if it’ll ever be like it is now.
The Bureau of Land Management is the federal government agency that manages this land here. They’ve been lying throughout the process. They’ve been acting unethically. They’ve been harassing people, they’ve been misrepresenting the situation; misrepresenting the facts, and we think they’re violating multiple federal laws. Those laws aren’t that strong. The laws to protect this planet are not as strong as I wish they were. But they’re violating even those weak laws.
So we’re going to keep fighting. We’re going to keep fighting to protect this place. We’re going to keep fighting for this land. We’re going to keep fighting for what’s right. Because if you don’t, then what is your soul worth? Where’s your self respect?
You know, those are questions, we each have to ask ourselves. I can’t answer it for you. I don’t know what your life is; your situation. It’s so easy to defeat ourselves in our minds.
And the first step to any resistance; to any organizing; to any opposition like this–is to believe that we can do something about it. And the truth is we can. It’s the simple truth we can. We can change things. But if we don’t try then we’ll lose every time.
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.
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.
Conclusion
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.
Please join NCRN on Wednesday August 25, 8 pm ET for a Webinar with Will Falk: Protect Thacker Pass.
Will Falk is an attorney, writer, poet, activist, and organizer with Protect Thacker Pass. Protect Thacker Pass is an “independent, grassroots collective of people” protecting the land and all life from a proposed lithium mine in the Central Basin, Nevada. For Thacker Pass Facebook click here.
On January 15th of this year Will Falk and Max Wilbert staked their ecological hearts and souls on Protecting Thacker Pass, or Peehee mu’ Huh as the area is known to the Indigenous. Members of the local Fort McDermitt tribe are currently petitioning the courts to stop the destruction of the land and their native ancestors buried beneath it from the bulldozers of Lithium Americas.
The NCRN, in conversation with Will and tribal members, will discuss how the structure of our system negates tribal rights and tribal history in order to obtain natural resources – in this case, lithium, used to feed the electric car manufacturers who have convinced so many that electric cars are ‘green’.
For more information go to the NCRN post here. See you soon!
This episode of Muse Ecology is a terrific podcast with interviews with members of the People of Red Mountain, local community members, campers at Thacker Pass, and other supporters of Protect Thacker Pass.
In this episode in the Water, Life, Climate, and Civilization series, we hear diverse voices from the resistance to the proposed lithium mine at Thacker Pass in northern Nevada, on Paiute and Shoshone ancestral lands.
Featured image: Photo of Damon Clarke, chairman of the Hualapai Tribe by Josh Kelety
Thacker Pass gets a mention in this article in the Phoenix New Times about another proposed lithium mine in Arizona, one that would use the same sulfuric acid leaching process that the Thacker Pass lithium mine would use. It’s also yet another mine threatening the water and land of indigenous people.
“The brewing tension surrounding the project in Wikieup represents a broader fight over lithium mining that is taking place in other states. Increasing use of electric cars and renewable energy has caused demand for lithium to soar, with projections for even more needed in the near future. But some observers are raising red flags, like in Wikieup, about the potential harmful environmental impacts of lithium mines.”
In this case the mining company is Hawkstone Mining, another foreign mining company (Australian, like Jindalee, the mining company that wants to mine lithium just across the OR border from Thacker Pass).
As members of the Hualapai Tribe noted, the mining would disturb their cultural sites (just like the Thacker Pass mine would disturb the cultural sites of the Paiute Shoshone people), and could use up or contaminate ground water in a state in the middle of extraordinary drought.
“There is no water in the state of Arizona. Everyone is fighting for water. Here, in this area, it’s arid and there’s not a lot of water. Whatever water there is here has already been taken by farming and ranching. To allow a big industry to come in that’s going to use tons of water and ruin our water system … then it’s a big problem. This place can’t support something that uses a lot of water, whether it’s lithium or not. We’re all in support of changing our consumption of fossil fuels. But at the cost of the environment just to get that for more cellphones and whatever else, it’s a problem.” — Hualapai Tribe Councilmember Richard Powskey
Peehee mm’huh / Thacker Pass is a special, unique and wonderful place. AND our effort at Thacker Pass is representative of a growing struggle throughout the American West as mining companies ramp up to meet projected lithium demand for EV batteries and energy storage and an ever-increasing number of devices.
As we said when we began this fight: this is just the beginning. We take a stand at Peehee mm’huh for all the land and water that may otherwise be stolen for lithium for cars and gadgets and technology that we do not “need” to live well on this beautiful Earth.
Join us to #ProtectThackerPass and all the other lands under threat from mining.
![Legal update and hearing this week / Press Conference on Thacker Pass Lawsuits [Dispatches from Thacker Pass]](https://dgrnewsservice.org/wp-content/uploads/sites/18/2021/08/Rally-at-Far-Western-980x549-1.jpg)
![Webinar with Will Falk: Protect Thacker Pass [Dispatches from Thacker Pass]](https://dgrnewsservice.org/wp-content/uploads/sites/18/2021/08/Bildschirmfoto-29.jpg)
![Life and Lithium at Thacker Pass [Dispatches from Thacker Pass]](https://dgrnewsservice.org/wp-content/uploads/sites/18/2021/07/2729591-840x675-1.jpg)
![Tribe, Ranchers Say Proposed Lithium Mine in Wikieup Will ‘Ruin’ Their Water [Dispatches from Thacker Pass]](https://dgrnewsservice.org/wp-content/uploads/sites/18/2021/06/dsc_8868.jpg)