Lithium Nevada Sues Tribal Members and Activists

Lithium Nevada Sues Tribal Members and Activists

by | Jun 23, 2023 | ACTION, Obstruction & Occupation

Editor’s Note: In order to deter the tribal members and activists from fighting for Thacker Pass, Lithium Nevada has sued them. Unsurprisingly, as a corporation, they have greater funds to sustain their legal action. We appeal for all who can to support in whatever way you can. The details for financial donations are at the end of the post.

Lithium Nevada Corporation has filed a lawsuit against Protect Thacker Pass and seven people for opposing the Thacker Pass lithium mine.

The lawsuit is similar to what is called a “Strategic Lawsuit Against Public Participation,” or SLAPP suit, aimed at shutting down free speech and protest. The suit aims to ban the prayerful land defenders from the area and force them to pay monetary damages which could total millions of dollars.

“This lawsuit is targeting Native Americans and their allies for a non-violent prayer to protect the 1865 Thacker Pass massacre site,” said Terry Lodge, attorney working with the group. “These people took a moral stand in the form of civil disobedience. They are being unjustly targeted with sweeping charges that have little relationship to the truth, and we will vigorously defend them.”

The lawsuit targets Dean Barlese, respected elder and spiritual leader from the Pyramid Lake Paiute Tribe, Dorece Sam from the Fort McDermitt Paiute-Shoshone Tribe, Bhie-Cie Zahn-Nahtzu (Te-Moak Shoshone and Washoe), Bethany Sam from the Standing Rock Sioux and Kutzadika’a Paiute Tribes, Founding Director of Community Rights US Paul Cienfuegos, and Max Wilbert and Will Falk of Protect Thacker Pass, which is also named in the suit.

They are charged with Civil Conspiracy, Nuisance, Trespass, Tortious Interference with Contractual Relations, Tortious Interference with Prospective Economic Advantage, and Unjust Enrichment.

As part of the lawsuit, Lithium Nevada has been granted a Temporary Restraining Order which restricts the defendants and “any third party acting in concert” with them from interfering with construction, blocking access roads, or even being in the area. The accused parties are not involved in planning further protest activity at the mine site.

Regardless, these allegations are alarming to the Great Basin Native American communities who believe their religious practices are protected by the American Indian Religious Freedom Act of 1978. The lawsuit’s language places fear in the hearts of Native American people who want to pray and visit their ancestors’ gravesites.

The case references instances of non-violent prayer and protest that took place on April 25th, and a prayer camp named after Ox Sam (survivor of the 1865 massacre and ancestor of Dorece Sam and Dean Barlese) which was established at Thacker Pass on May 11th. On June 8th, that camp was raided and dismantled by police. One young indigenous woman was arrested and transported to jail inside a pitch-black box. In the aftermath of the raid, a ceremonial fire was extinguished, sacred objects were put in trash bags, and tipi poles were broken.

The American Indian Religious Freedom Act states that it is “the policy of the United States to protect and preserve for American Indians their inherent right of freedom to believe, express, and exercise the traditional religion of the American Indian…including…access to sites.”

Dorece Sam, President of the Native American Church of the State of Nevada:

“I take my grandkids to Peehee Mu’huh to teach them to pray for our unburied ancestors whose remains are scattered there, to collect our holy plants, to hunt and fish, and to collect medicinal herbs. The ancestors who were killed at Thacker Pass have never been given the proper prayers for their spirits. Lithium Nevada is desecrating our unceded lands and our ancestors’ resting places.”

Dean Barlese, respected elder and spiritual leader from the Pyramid Lake Paiute Tribe:

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

Bethany Sam:

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

Bhie-Cie Zahn-Nahtzu:

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

Paul Cienfuegos:

“Virtually every single accusation against us is a lie, and of course the corporation’s leaders know this. But our actions have scared them, so they are lashing out against classic nonviolent direct-action tactics. And this is yet another prime example of why we need to dismantle the structures of law that grant so many so-called constitutional ‘rights’ to business corporations, like access to the courts.”

Max Wilbert, Protect Thacker Pass:

“Around the world, a land defender is killed every two days. Murdering activists is hard to get away with in the United States, so corporations do this instead. This lawsuit is aimed at destroying the lives of people non-violently defending the land. But we’re not giving up. There are millions of people opposing this mine, and this fight will continue.”

Will Falk:

“I’ve been involved in directly petitioning the courts for two years to enforce tribal rights to consultation without success. Now Paiutes and Shoshones are being sued for peacefully defending the final resting places of their massacred ancestors. Lithium Nevada is just another mining corporation bullying Native Americans once again. This pattern has got to stop.”

Lithium Nevada corporation has been locked in legal battles since 2021, when four environmental groups, a local rancher, and several tribes sued the Federal Government to attempt to overturn the permits for the mine. The suits allege failures of consultation, violation of endangered species law and water laws, and dozens of other infractions. The most recent filing in an ongoing Federal Court case brought by three local tribes was filed on Friday, arguing that Lithium Nevada needs to halt construction while it consults with tribes about the Thacker Pass massacre sites. The 9th Circuit Court of Appeals in California will hear oral arguments in other cases later this month.

The news comes as Lithium Nevada’s parent corporation, Lithium Americas, has been implicated in four alleged human rights violations and environmental crimes related to their lithium mining operation in Cauchari-Oloroz, Argentina.

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

Lithium Nevada

Preventing Controlled Demolition

Preventing Controlled Demolition

by | Apr 14, 2023 | ANALYSIS, Colonialism & Conquest, The Problem: Civilization, Toxification

Editor’s Note: The civilization has destroyed many places in the name of progress, which they call ‘sacrifice zones.’ The following piece discusses different instances of destruction from recent history, and how the current economy has actively profited from those destructions. The views expressed in the article are of the author. DGR does not necessarily agree with all of the opinions expressed.

By Mankh

Considering the destruction caused by extractive mining and wars, the global corporate empire society sure seems like one huge controlled demolition. Before getting to the topic of Electric Vehicles (EVs) and specifically Thacker Pass aka Peehee Mu’huh, some examples and explanation of the context of controlled demolition.

Currently in Ukraine, various governments/investors are making bank on both ends of the stick: from the weapons manufacturers destruction end AND the BlackRock, Inc. (an American multi-national investment company) et al reconstruction end. A December 2022 CNBC headline spilled the beans: “Zelenskyy, BlackRock CEO Fink agree to coordinate Ukraine investment” and more recently: “The estimated cost of Ukraine’s reconstruction and recovery bill has grown to $411 billion.” — while US infrastructure crumbles. A key aspect of the reconstruction is multinational agri-businesses salivating over Ukraine’s rich soil, something rarely mentioned in umpteen war analyses.

Speaking of crumbling infrastructure, the derailed train and subsequent deliberate explosions of toxic chemicals in Palestine, Ohio (which includes rivers), has created an environmental disaster; another controlled demolition because lack of care for railroad maintenance and extra care for dollars helped create the accident waiting to happen.

From an article by Tish O’Dell and Chad Nicholson:

“Three days after the derailment, on Feb. 6, we watched as Ohio Gov. Mike DeWine, in consultation with Norfolk Southern representatives, greenlighted a plan to blow holes in five of the cars containing toxic chemicals, which would lead to a ‘controlled release,’ and residents in nearby communities were ordered to evacuate. … By Feb. 7, according to a Norfolk Southern service alert, trains were running through East Palestine again. As thousands of dead fish floated in local waterways, as nearby residents were reporting sickness and dying pets, as untold long-term health and environmental problems lurked in the hazy future, the railroad chugged back to business as usual.”

Also sadly, “East Palestine Soil Contains Dioxin Levels Hundreds of Times Over Cancer Risk Threshold”

The broader issue to consider is this: controlled demolition requires careful preparation or deliberate lack there of—and then with the virtual flick of a switch, it happens . . . like dominoes. And a ‘new reality’ is created. What quickly followed the 9-11 attacks was the Global War Of Terror, later determined to have been riddled with lies.

After Covid-19 began, there were lockdowns and a slew of enforced restrictions, many of which were later deemed unwarranted. The world changed in a flash, as did the economy, with many small and some larger businesses going bust, as the elite rich got richer. Yet whatever one’s opinion about all that, the message from the natural world was quiet and clear: rivers and skies cleared up! . . . showing that healing can happen quickly―if we drastically curtail the business as usual of industrial capitalism.

After Ukraine re-began with Russia’s attacks (because the situation ‘began’ in 2014 with the Maidan/neo-Nazi coup overthrowing elected Ukrainian President Viktor Yanukovych) . . . economic sanctions, global economic shake-ups-and-downs, nuclear saber rattling, and more, including the above mentioned agri-business ploy, which, by the way, is also global, as, for example, Bill Gates is “the largest landowner in the U.S.,” owning “270,000 acres spread across 18 different states.”

A Twitter post on March 20, 2023, by esteemed journalist and filmmaker John Pilger, succinctly sums up the media-military-complex modus operandi:

And though not as visibly dramatic, preparations for controlled demolition are happening again with the deliberate push for EVs (Electric Vehicles). For example, in New York, November 2022:

“Governor Kathy Hochul signed legislation that will advance clean transportation efforts by removing barriers to the installation of electric vehicle charging stations on private property.”

&

“The Charge NY initiative offers electric car buyers the Drive Clean Rebate of up to $2,000 for new car purchases or leases. Combine that with a Federal Tax Credit of up to $7,500, and it’s an opportunity you wouldn’t want to miss. If you are a New York State resident looking for a new car, it’s a great time to buy or lease a plug-in hybrid or battery-powered car that qualifies for the Drive Clean Rebate.”

As any reader of Deep Green Resistance News Service and those following or participating in the efforts to Protect Thacker Pass knows, “clean” is false advertising and you would want to resist the opportunity. In the broad case of EVs, we, as human beings and as consumers have choices that can affect or re-direct the trajectory of this huge deliberate push for EVs, which is a kind of heating up of boiled frogs controlled demolition . . . because if not stopped, suddenly EVs will dominate the roads and landscapes, while sacred habitats and Native lands are destroyed.

As lawyer and Protect Thacker Pass co-founder Will Falk has alluded to in various interviews and videos, many aspects of the legal system are rigged in favor of government and corporate control of mining; this is a form of control with the goal of demolition of habitat and wildlife, too-often along with desecration of Native lands for profit.

I don’t have the answers for how to stop such control freak factors, but at least recognizing that there are various preparations so that a demolition ‘goes smoothly’ will help each person/group/organization find a best way to participate so as to help prevent specific preparations and perhaps prevent the controlled demolition of Thacker Pass aka Peehee Mu’huh, as well as other sacred site hot spots.

The natural world of plants also has an array of unseen or barely visible preparations until . . . a flower buds then blooms or fruit ripens; let’s call that process a controlled creation or the unfolding of innate potential, as with a seed. This is what those who care about the Earth work hard to defend, protect, and preserve—the natural cycles.

Further demolition examples
In 2017, investigative journalist, author and filmmaker Greg Palast reported:

“…an eyewitness with devastating new information about the Caspian Sea oil-rig blow-out which BP had concealed from government and the industry.
The witness, whose story is backed up by rig workers who were evacuated from BP’s Caspian platform, said that had BP revealed the full story as required by industry practice, the eleven Gulf of Mexico workers ‘could have had a chance’ of survival. But BP’s insistence on using methods proven faulty sealed their fate.
One cause of the blow-outs was the same in both cases:  the use of a money-saving technique, plugging holes with ‘quick-dry’ cement. By hiding the disastrous failure of its penny-pinching cement process in 2008, BP was able to continue to use the dangerous methods in the Gulf of Mexico, causing the worst oil spill in U.S. history.”

As with East Palestine and umpteen other so-called disasters, cutting corners for profit is too-often a factor with controlled demolitions.

“Disasters like these keep happening because the system — the train — keeps rolling, exactly as it was designed to, foisting the consequences onto communities and their environments and hoarding the spoils for the economic elites, while government regulatory agencies issue permits and legalize it all.
“Since this country’s founding, our system of government has placed profits and property interests over people and planet. The derailment in East Palestine illustrates this clearly. For over 150 years, railroad workers have been telling employers like Norfolk Southern and the government that their working conditions are deplorable and dangerous.
“With deregulation of the industry in the 1980s, which included Wall Street mergers and ​’short term profit imperatives,’ trains have been getting longer and longer while the number of train workers gets smaller and smaller.”

In Cobalt Red: How the Blood of the Congo Powers Our Lives, Siddharth Kara writes:

“Villages along the road are coated with airborne debris. There are no flowers to be found. No birds in the sky. No placid streams. No pleasant breezes. The ornaments of nature are gone. All color seems pale and unformed. Only the fragments of life remain. This is Lualaba Province, where cobalt is king.”

Same story again with this headline:

“‘The trees were all gone’: Indonesia’s nickel mines reveal the dark side of our electric future”

To consider these areas as sacrifice zones is a form of mental trickery because it allows people to think that, overall, things are OK, a few bad apples but things are OK in the big apple tree picture. But the other perspective is that things are not OK because continuing to destroy habitats, pollute rivers and air has a cumulative effect. Out of sight, out of mind is no longer an excuse because even with Internet and book censorship, you can often find true information—with a bit of effort.

At Thacker Pass, Lithium Americas’ attempt to destroy the habitat and Native lands for lithium for EVs and other gadgets represents a watershed moment in the global and local greenwashing attempt to revolutionize the extractive energy economy. But the problem with that is, as the word suggests, such ‘revolutions’ wind up back where they started in circular fashion, yet only with a ‘new’ look.

The east coast of Turtle Island is riddled with the aftereffects of the so-called revolution of 1776: New York, New Jersey, New England, New Hampshire, New Haven, New London, New Bedford . . . and on it goes, out to New Mexico and elsewhere. Such ‘newness’ has a track record of destruction and enforced relocation of Native Peoples, and that’s some of what’s on the proverbial table at Thacker Pass.

Shift the narrative . . . dis-invest . . . donate $s . . . employ some monkey-wrenches . . . organize, defend, protest, write something, talk . . . think about a specific area of the in the works controlled demolition that you feel you could literally help thwart. Find a way to do something so as to help prevent yet another control freak demolition. Find a way to do something to preserve “the ornaments of nature” and the lifestyles of those who care for them.

Mankh (Walter E. Harris III) is a verbiage experiencer, in other words, he’s into etymology, writes about his experiences and to encourage people to learn from direct experiences, not just head knowledge; you know, actions and feelings speak louder than words. He’s also a publisher and enjoys gardening, talking, listening, looking… His recent book is Moving Through The Empty Gate Forest: inside looking out. Find out more at his website: www.allbook-books.com

Photo by Valeriy Kryukov on Unsplash

Courts Urged to Block ‘Illegally Approved’ Lithium Mine

Courts Urged to Block ‘Illegally Approved’ Lithium Mine

by | 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!

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

New Lawsuit Challenging Thacker Pass Mine [Press Release]

New Lawsuit Challenging Thacker Pass Mine [Press Release]

by | Feb 24, 2023 | ACTION, Mining & Drilling

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.

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Campaign Timeline

New Lawsuit
Thacker Pass Sacred Sites Are Already Being Damaged

Thacker Pass Sacred Sites Are Already Being Damaged

by | 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.

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