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!
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.
Editor’s note: Science, touted to be objective, is far from so. As Lewis Mumford explains and Derrick writes extensively in Myth of Human Supremacy, any tool cannot be separated from the overall social structure under which it was created and operates. Likewise, science, as a way of thought, was created under a paradigm of dominance of nature. Much of the scientific discoveries have been pursued for the same purpose. Neither climate science, not climate solution is an exception.
The following article is a part of a blog by Indrajit Samarajiva. DGR does not espouse the views express in this article in its entirety.
Popular science books are all about wonder and discovery and a bit of woe about the state of the world, but that’s what science says, not what science does. In the western delusion of words over actions, science is portrayed as a hero in the fight against climate collapse when in fact is the primary villain. Because that book came on a truck, and that truck ran on diesel, and that diesel was refined from oil, and that oil came from the ground, and the people finding it and digging it up were all scientists.The fact is that there are far more scientists (and science graduates) working to cause climate collapse than there are scientists working to stop it, whatever that means. The fact is that your average poor person simply not consuming much is doing more than the most vaunted scientists jetting around the world to ‘save’ it by ‘raising awareness’. It’s all a preening hypocrisy really. The master’s tools will not dismantle the master’s house.If you judge science by its works and not its words, science should be judged by the thousands of scientists who ‘discovered’ fossil fuels and continued to discover even more violent and invasive ways of fracking them out of the Earth; well after they should have figured out that lighting dead ancestors on fire makes the world hot and the gods angry. Science is justified as a state religion of capitalism because it produces real miracles, like abundant store shelves wrapped in plastic and time-saving products. But at what cost? As Frank Ocean sang, “if it brings me to my knees, it’s a bad religion.”In another example, the Seneca people of Turtle Island understood crop rotation through a story of three sisters (corn, beans, and squash). This along with much other wisdom was dismissed by science and reformulated as the nitrogen cycle. Taking this knowledge (without understanding) scientists have used natural gas to pump nitrogen into fertilizer and tie our food supply (frankly inextricably) to fossil fuels. We literally eat natural gas. This works miraculously, but it works in the sense that a deal with the devil does. It works miraculously for a while, but the devil always gets his due.Science as opposed to religions advocated progress as opposed to balance or apocalypse. There is no concept of humanity as fallen or ‘below’ anything, it is always rising to the top. But this is hubris, like Icarus, and we are the generation getting our polyester wings scorched. The fact is that scientific understanding is only superficially used to wonder at and revere the world. It’s about as sincere as using a cartoon chicken to sell fried chicken. While a few scientists write books and give talks about how we shouldn’t end the world, a dozen more are actively ending it. That is indeed what science is for. That is why it is funded. Nuclear knowledge is (and likely was) most actively pursued for killing massive numbers of people for the military and scientific knowledge is most avidly pursued for killing off the Earth for industry. All of the warnings and whining are just the marketing layer over big business, which is the master science actually serves. The response then is what about solar panels and more efficiency and the green revolution to come. Yes science technically got us into this hole, but it’s also going to get us out. Which is to say, when you’re in a hole, keep digging I guess. Literally. The ‘green revolution’ requires digging huge amounts of lithium and copper and other rare earth minerals out of more and more obscure reserve (using massive amounts of diesel of course). This captive revolution is not in fact a revolt against the power relations and godless philosophical rot that both run and ruin the world. It is just more window dressing on a burning house.Electric batteries will not square the circle that personal vehicles are wildly inefficient. What we need is public transport and the destruction of roads and cars, not more inventions catering to peoples laziness and greed, which is what science is focused on right now. They are effectively deck managers on the Titanic, asking if you’d like a virgin mojito instead of the alcoholic one. The ship is still running on massive inequality, extraction, and fundamental ignorance, and the ship is still going down.
Shoveling ‘green’ energy into the same voracious greed of the 1% and the heavily marketed dream of everyone else living like that simply isn’t going to work. The fact is that science is being used to change the engine on a train that’s simply on the wrong track. It will still reach its destination, which is collapse.
At that point the tools of science (which are agnostic) can theoretically be used to balance the thermostat, just as cyanobacteria figured it out after they froze the Earth with their oxygen emissions. But that requires wisdom, accumulated over millions of years by our photosynthetic ancestors. Scientists—like children finding their fathers gun—have dug up and burnt those very photosynthetic ancestors and marveled at their own power. But it was all stolen glory, and now the climate is taking it all back. The debt incurred by scientific hubris yoked to capitalist greed is the death of 90% of species, including much of our own.
Science is thus not a way out of climate collapse. It is its most proximate cause. The way out means going backwards through science to philosophy (whence it sprung) and unfucking that. It involves going even further to the gods and stories that west Asian philosophers discarded and scorned. Hence the answer is not in the popular science novels you see in airport bookshops. They (and you) are part of the problem.
The answers are in the ancient (and frankly superior) civilizations crushed by western science and technology crashing on their shores, in the ancient wisdom rejected as superstition, and in the simple experience of being a human on earth, sitting still, not consuming much, and inhaling and exhaling oxygen under the trees. I don’t know what the answer is, but I know that we’ve got to go much deeper than science. We’re in a hole. The answer is definitely not more blind faith in the shovel.
In the last few years whales stranded on the beaches of the East Coast have become common. In just the past two months there have been over a dozen. And that does not include the whales who have died in that time and sank to the bottom of the ocean. Fishermen blame industrial wind farm surveys, the wind industry blames climate change, and the vessel strikes of the global supply chains of civilization will not slow down. All the while mainstream “environmental” groups have become PR people for industrial energy. That stance is mutually exclusive from their professed goal to protect wildlife like desert tortoise, sage grouse, bats and to Save The Whales.
NOAA declared an official “unusual mortality event” for humpback whales in 2016, when the number of deaths on the East Coast more than doubled from the average in previous years. Coincidentally that is the same year when offshore wind development began, which coincides with the huge jump in NOAA Incidental Harassment Authorizations. The claim that this huge jump in mortality predates offshore wind preparation activities is patently false. This strong correlation is strong evidence of causation, especially since no other possible cause has appeared. It also seems odd that dead whales are now showing up on the west coast just as wind development is starting up there as well.
If what we are seeing is what happens during the surveying process for an offshore wind farm, we can only imagine what will happen when major construction begins. If vessel strikes are a leading cause of death, why on earth would you diminish habitat and increase vessel traffic with the construction of wind turbines? Yet in the recent denial of a vessel speed reduction, NOAA said it was “focused on implementing long-term, substantive vessel strike risk reduction measures.” Hopefully that will include the cancellation of any further wind farm construction. We certainly should not be increasing vessel traffic at this time, we should be restricting it. Vessel strikes and ocean noise from these extra ships and their sonar mapping is killing whales.
Noise interrupts the normal behavior of whales and interferes with their communication. It also reduces their ability to detect and avoid predators and human hazards, navigate, identify physical surroundings, find food and find mates. Such effects make it difficult for whales to avoid ships. It is one of NOAA’s four threats, along with vessel strikes, fishing gear entanglements and climate change.
Sound travels farther and four times faster in water than in air (at a speed of almost 1,500 meters per second). The noise produced by humans can therefore spread considerable distances underwater. These sounds can be relatively constant, such as the noise produced by a ship’s engine and propeller, or sudden and acute in the case of naval sonar and seismic air guns. The sound produced by a seismic air gun can cause permanent hearing loss, tissue damage and even death in nearby animals.
Evidence for the lethal effects of noise can be hard to document in the open ocean, but seismic surveys have been linked to the mass mortality of squid and zooplankton. In 2017, research revealed that a single air gun caused the death rate of zooplankton to increase from 18% to 40–60% over a 1.2 kilometer stretch of the ocean off the coast of southern Tasmania.
Examination of the dead whales revealed they had suffered trauma similar to decompression sickness. This was believed to have been caused by sudden changes in their deep diving behavior following exposure to sonar. The wind companies are using sonar in the geotechnical and site characterization surveys. There is also the detonation of unexploded ordnance (UXO) items from ship wrecks at this time, accidental and intentional.
Noise increases animals’ physiological stress. Research found that a reduction in shipping following the 9/11 terrorist attacks led to a six decibel drop in noise levels in the Bay of Fundy on Canada’s Atlantic coast. This coincided with lower levels of physiological stress detected in North Atlantic right whales when researchers measured stress hormones from floating whale feces.
During construction of the turbines, high-duty cycle impact pile driving (one strike every ~two seconds) will be used. And the pile driving is expected to occur for approximately four hours at one time for monopile installation, and 6 hours per pile for piled jacket installation.
This takes us to the biggest threat to whales and the ocean ecosystem that they live in: climate change. Climate change is caused by greenhouse gas emissions. These are created by industrial development. So climate change is a symptom of industrial development. That is the extractive industries of mining, deforestation, agriculture, factory fishing and dams which provide — through production, manufacture, transport, installation and operation — the current conveniences of a modern way of human life.
Industrial development destroys ecosystems. More industrial development, by the installation of thousands of offshore wind turbines, will not solve the problem of climate change. There’s one inescapable truth about the headlong rush to cover vast swaths of our countryside and oceans with 800-foot-high wind turbines: the more turbines that get built, the more wildlife will be harmed or killed. And no amount of greenwashing can change that fact. So it is distressing to see the numbers of whales washing up on our beaches. NOAA also says there is no proof that offshore wind is killing the whales. We must remember the onus isn’t on whales to prove guilt, it’s on industrial development to prove their innocence.
The production of the materials as well as the manufacturing processes for wind turbines and associated infrastructure of the extracted energy storage and transmission are made possible by burning fossil fuels. To obtain the raw material used in wind turbines, habitat is destroyed through open pit mining and mountaintop removal. The raw materials are then transported to processing plants to be turned into the component parts. It will take a tremendous amount of energy to mine the materials; transport and transform them through industrial processes like smelting; turn them into wind turbines, batteries, infrastructure and industrial machinery; install all of the above; and do this at a sufficient scale to replace our current fossil-fuel-based industrial system. In the early stages of the process, this energy will have to come mostly from fossil fuels, since they supply about 80 percent of current global energy. Their emissions will be added to the current use emissions. After manufacture, the turbine parts need to be transported to the project location. The construction and operation of offshore wind farms increase boat traffic, also leading to more greenhouse gas emissions and pollution. All of which adds to a non-existent carbon budget and thus increasing climate change. Not to mention the increased risk of marine mammal vessel strikes.
All of that energy use has a carbon payback period to plan, build, maintain and decommission the processes involved in an offshore wind turbine and its required infrastructure amounting to many years. This could be up to a quarter of its expected lifecycle. But this does not take into account the wildlife loss and habitat destruction from those processes. And then in 20 years the process must be done all over again. So this is not renewable. Also there are not enough metals on the planet to produce even the first generation of a total electric energy extracting transition, even if we mine the deep sea as we are starting to do.
Currently only 20% of our energy is electric. The other 80% is fossil fuel, the bulk of which is used by industry. The industrial advantage of fossil fuel is that it is stored energy that is extracted rather than an energy extracting device that requires storage and transmission infrastructure.
The paradox of “renewables” is that they need unprecedented volumes of non-renewable mined materials. Increasing “renewables” means large upticks in battery metals such as copper, cobalt, lithium and nickel. Wind turbines need rare earth metals such as neodymium of which there are scarce amounts. But the work wouldn’t stop there.
Closed mines themselves are a huge source of devastation. If all mining stopped today there would still be an area at least the size of Austria with degrading and, in some cases, dangerous levels of heavy metals. Mining brings materials that have been locked up in concentrations underground and lets them out into the world. Mines usually operate at depths below the water table — they need to be constantly dewatered using pumps. When a mine is abandoned, the ground water gradually re-floods underground passages and mineral seams over many months, creating acidic reservoirs of water. Above ground there are tailings ponds and piles of low-grade ore with traces of heavy metals. All of this material is exposed to oxygen and water. Exposing such elements wreaks havoc on ecosystems, soils and water supplies through acid leaching. A mine that is abandoned can have chronic pollution for hundreds if not thousands of years.
Cleaning up a mine consists of reducing water acidity, detoxifying the soil and treating waste before reintroducing flora and fauna to the site. It’s a lengthy, expensive process and can cost billions for a single large mine. Avoiding an environmental catastrophe and cleaning all the world’s mines at once would cost hundreds of billions or even trillions of dollars. So mining the materials needed for renewable energy will increase the threats to biodiversity. These threats will surpass those avoided by “renewable” climate change mitigation.
The concept of material footprints, in addition to carbon footprints, should be taken into consideration by governments. If not, the planet’s scarce non-renewable resources will continue to be destroyed. These factors will more than offset BOEMs calculations for climate change in the DEIS.
During their operation wind turbines create a disturbance in the air that can have far-reaching effects on the environment. The turbulence created is known to warm up the surface temperature around them by up to 2℉. This will change the climate by taking away the cooling breeze. Wind turbines will change weather patterns and currents which will create more and stronger storms.
Michael Moore, a senior scientist at the Woods Hole Oceanographic Institution, said whales face “a suite of risks” as turbines are built, such as increased vessel traffic and potential changes to the ecology. But that ecological change, he said, “needs significant further study to truly understand its significance.”
As Sunrise Wind admits, their planned construction and operations activities are not expected to “take” MORE than small numbers of marine mammals. They say incidental long-term impacts that have negative effects on large whales from the presence of turbine foundations is uncertain. For the right whale, according to NOAA Fisheries, “The potential biological removal level for the species, defined as the maximum number of animals that can be removed annually while allowing the stock to reach or maintain its optimal sustainable population level, is less than 1.” This means the death of a single right whale could make the difference between extinction and recovery.
There is no question wind turbines kill wildlife. Humans and domestic animals account for 96% mammal biomass on the planet. Only 4% is wild. Our activity has reduced the biomass of wild marine and terrestrial mammals by six times. Humanity has wiped out 60% of mammals, birds, fish and reptiles since 1970, leading the world’s foremost experts to warn that the annihilation of wildlife is now an emergency that threatens all life on the planet.
Jennifer Jacquet, a professor of environmental studies at New York University, said, “But we know that even in the face of a shifting climate, direct exploitation remains the largest factor affecting aquatic animals.”
BOEM is basing its conclusions in the DEIS on a false analysis that offshore wind turbines will reduce climate change. They will not. It makes no sense to increase disturbance to whales when they are suffering through an unusual mortality event. Whales as a keystone species are the canary in the coal mine. As they go, so do we. That in the effort to save the climate and continuance of business as usual, we are destroying the environment. If this offshore wind project continues, it will be humans who experience an unusual mortality event.
Carl van Warmerdam has lived his life on the West Coast of Turtle Island. He has always aligned with the counter culture ideals there. Now he currently lives on the coast of New England, the ancestral home of the North Atlantic Right Whale. If you would like to help Save the Whales email Lafongcarl@protonmail.com. We stopped offshore wind before, we can do it again.
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.
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
Editor’s note: It is true that wind and heat from the sun are renewable but the devices used to capture that energy are not. Creating such devices only adds on to a non-existing carbon budget. Richard Heinberg, the author of the following article, is an advocate for “renewable” energy as a part of the “transition” to a post carbon civilization. However, the following article demonstrates that the so-called transition is not happening in real life. In reality, civilization and a “post-carbon” future is an oxymoron. Civilization cannot survive in a post-carbon future. It is highly unlikely that humanity will willingly transition out of civilization, so it must be brought down “by any means possible”. The best way to accomplish that is through organizing. The sooner it is brought down, the better for the planet.
For more on the impracticality of renewables, read Bright Green Lies.
Despite all the renewable energy investments and installations, actual global greenhouse gas emissions keep increasing. That’s largely due to economic growth: While renewable energy supplies have expanded in recent years, world energy usage has ballooned even more—with the difference being supplied by fossil fuels. The more the world economy grows, the harder it is for additions of renewable energy to turn the tide by actually replacing energy from fossil fuels, rather than just adding to it.
The notion of voluntarily reining in economic growth in order to minimize climate change and make it easier to replace fossil fuels is political anathema not just in the rich countries, whose people have gotten used to consuming at extraordinarily high rates, but even more so in poorer countries, which have been promised the opportunity to “develop.”
After all, it is the rich countries that have been responsible for the great majority of past emissions (which are driving climate change presently); indeed, these countries got rich largely by the industrial activity of which carbon emissions were a byproduct. Now it is the world’s poorest nations that are experiencing the brunt of the impacts of climate change caused by the world’s richest. It’s neither sustainable nor just to perpetuate the exploitation of land, resources, and labor in the less industrialized countries, as well as historically exploited communities in the rich countries, to maintain both the lifestyles and expectations of further growth of the wealthy minority.
From the perspective of people in less-industrialized nations, it’s natural to want to consume more, which only seems fair. But that translates to more global economic growth, and a harder time replacing fossil fuels with renewables globally. China is the exemplar of this conundrum: Over the past three decades, the world’s most populous nation lifted hundreds of millions of its people out of poverty, but in the process became the world’s biggest producer and consumer of coal.
The Materials Dilemma
Also posing an enormous difficulty for a societal switch from fossil fuels to renewable energy sources is our increasing need for minerals and metals. The World Bank, the IEA, the IMF, and McKinsey and Company have all issued reports in the last couple of years warning of this growing problem. Vast quantities of minerals and metals will be required not just for making solar panels and wind turbines, but also for batteries, electric vehicles, and new industrial equipment that runs on electricity rather than carbon-based fuels.
Some of these materials are already showing signs of increasing scarcity: According to the World Economic Forum, the average cost of producing copper has risen by over 300 percent in recent years, while copper ore grade has dropped by 30 percent.
Optimistic assessments of the materials challenge suggest there are enough global reserves for a one-time build-out of all the new devices and infrastructure needed (assuming some substitutions, with, for example, lithium for batteries eventually being replaced by more abundant elements like iron). But what is society to do as that first generation of devices and infrastructure ages and requires replacement?
Circular Economy: A Mirage?
Hence the rather sudden and widespread interest in the creation of a circular economy in which everything is recycled endlessly. Unfortunately, as economist Nicholas Georgescu-Roegen discovered in his pioneering work on entropy, recycling is always incomplete and always costs energy. Materials typically degrade during each cycle of use, and some material is wasted in the recycling process.
A French preliminary analysis of the energy transition that assumed maximum possible recycling found that a materials supply crisis could be delayed by up to three centuries. But will the circular economy (itself an enormous undertaking and a distant goal) arrive in time to buy industrial civilization those extra 300 years? Or will we run out of critical materials in just the next few decades in our frantic effort to build as many renewable energy devices as we can in as short a time as possible?
The latter outcome seems more likely if pessimistic resource estimates turn out to be accurate. Simon Michaux of the Finnish Geological Survey finds that “[g]lobal reserves are not large enough to supply enough metals to build the renewable non-fossil fuels industrial system … Mineral deposit discovery has been declining for many metals. The grade of processed ore for many of the industrial metals has been decreasing over time, resulting in declining mineral processing yield. This has the implication of the increase in mining energy consumption per unit of metal.”
Steel prices are already trending higher, and lithium supplies may prove to be a bottleneck to rapidly increasing battery production. Even sand is getting scarce: Only certain grades of the stuff are useful in making concrete (which anchors wind turbines) or silicon (which is essential for solar panels). More sand is consumed yearly than any other material besides water, and some climate scientists have identified it as a key sustainability challenge this century. Predictably, as deposits are depleted, sand is becoming more of a geopolitical flashpoint, with China recently embargoing sand shipments to Taiwan with the intention of crippling Taiwan’s ability to manufacture semiconductor devices such as cell phones.
To Reduce Risk, Reduce Scale
During the fossil fuel era, the global economy depended on ever-increasing rates of extracting and burning coal, oil, and natural gas. The renewables era (if it indeed comes into being) will be founded upon the large-scale extraction of minerals and metals for panels, turbines, batteries, and other infrastructure, which will require periodic replacement.
These two economic eras imply different risks: The fossil fuel regime risked depletion and pollution (notably atmospheric carbon pollution leading to climate change); the renewables regime will likewise risk depletion (from mining minerals and metals) and pollution (from dumping old panels, turbines, and batteries, and from various manufacturing processes), but with diminished vulnerability to climate change. The only way to lessen risk altogether would be to reduce substantially society’s scale of energy and materials usage—but very few policymakers or climate advocacy organizations are exploring that possibility.
Climate Change Hobbles Efforts to Combat Climate Change
As daunting as they are, the financial, political, and material challenges to the energy transition don’t exhaust the list of potential barriers. Climate change itself is also hampering the energy transition—which, of course, is being undertaken to avert climate change.
During the summer of 2022, China experienced its most intense heat wave in six decades. It impacted a wide region, from central Sichuan Province to coastal Jiangsu, with temperatures often topping 40 degrees Celsius, or 104 degrees Fahrenheit, and reaching a record 113 degrees in Chongqing on August 18. At the same time, a drought-induced power crisis forced Contemporary Amperex Technology Co., the world’s top battery maker, to close manufacturing plants in China’s Sichuan province. Supplies of crucial parts to Tesla and Toyota were temporarily cut off.
Meanwhile, a similarly grim story unfolded in Germany, as a record drought reduced the water flow in the Rhine River to levels that crippled European trade, halting shipments of diesel and coal, and threatening the operations of both hydroelectric and nuclear power plants.
A study published in February 2022 in the journal Water found that droughts (which are becoming more frequent and severe with climate change) could create challenges for U.S. hydropower in Montana, Nevada, Texas, Arizona, California, Arkansas, and Oklahoma.
Meanwhile, French nuclear plants that rely on the Rhône River for cooling water have had to shut down repeatedly. If reactors expel water downstream that’s too hot, aquatic life is wiped out as a result. So, during the sweltering 2022 summer, Électricité de France (EDF) powered down reactors not only along the Rhône but also on a second major river in the south, the Garonne. Altogether, France’s nuclear power output has been cut by nearly 50 percent during the summer of 2022. Similar drought- and heat-related shutdowns happened in 2018 and 2019.
Heavy rain and flooding can also pose risks for both hydro and nuclear power—which together currently provide roughly four times as much low-carbon electricity globally as wind and solar combined. In March 2019, severe flooding in southern and western Africa, following Cyclone Idai, damaged two major hydro plants in Malawi, cutting off power to parts of the country for several days.
Wind turbines and solar panels also rely on the weather and are therefore also vulnerable to extremes. Cold, cloudy days with virtually no wind spell trouble for regions heavily reliant on renewable energy. Freak storms can damage solar panels, and high temperatures reduce panels’ efficiency. Hurricanes and storm surges can cripple offshore wind farms.
The transition from fossil fuel to renewables faces an uphill battle. Still, this switch is an essential stopgap strategy to keep electricity grids up and running, at least on a minimal scale, as civilization inevitably turns away from a depleting store of oil and gas. The world has become so dependent on grid power for communications, finance, and the preservation of technical, scientific, and cultural knowledge that, if the grids were to go down permanently and soon, it is likely that billions of people would die, and the survivors would be culturally destitute. In essence, we need renewables for a controlled soft landing. But the harsh reality is that, for now, and in the foreseeable future, the energy transition is not going well and has poor overall prospects.
We need a realistic plan for energy descent, instead of foolish dreams of eternal consumer abundance by means other than fossil fuels. Currently, politically rooted insistence on continued economic growth is discouraging truth-telling and serious planning for how to live well with less.
Richard Heinberg is Senior Fellow of Post Carbon Institute, and is regarded as one of the world’s foremost advocates for a shift away from our current reliance on fossil fuels. He is the author of fourteen books, including some of the seminal works on society’s current energy and environmental sustainability crisis.
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