Courts Urged to Block ‘Illegally Approved’ Lithium Mine

Courts Urged to Block ‘Illegally Approved’ Lithium Mine

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


By Brett Wilkins / Common Dreams

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

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

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

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

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

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

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

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

According to an account by one participant:

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

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

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

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

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

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

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

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

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

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

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

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

“Global warming is a serious problem and we cannot continue burning fossil fuels, but destroying mountains for lithium is just as bad as destroying mountains for coal,” contends Max Wilbert of Protect Thacker Pass. “You can’t blow up a mountain and call it green.”


Please donate to support the case and fund legal costs!

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

Life and Lithium at Thacker Pass [Dispatches from Thacker Pass]

Life and Lithium at Thacker Pass [Dispatches from Thacker Pass]

This episode of Muse Ecology is a terrific podcast with interviews with members of the People of Red Mountain, local community members, campers at Thacker Pass, and other supporters of Protect Thacker Pass.

In this episode in the Water, Life, Climate, and Civilization series, we hear diverse voices from the resistance to the proposed lithium mine at Thacker Pass in northern Nevada, on Paiute and Shoshone ancestral lands.

Listen here: https://museecology.com/2021/07/13/23-life-and-lithium-at-thacker-pass/


For more on the Protect Thacker Pass campaign

#ProtectThackerPass #NativeLivesMatter #NativeLandsMatter


Lithium Harms and False Hopes In Recycling

Lithium Harms and False Hopes In Recycling

We often hear from people who say that “lithium is better than oil & gas” and that “we’ll be able to recycle all the lithium we’ll need”. These are common misconceptions about both the realities of lithium mining and what it does to the Earth, and about recycling. As Max describes in these two videos, it is dangerous to put our faith in these ideas.

The first video describes the devastating destruction the Thacker Pass Lithium Mine will do to Thacker Pass, all who live there, and the surrounding communities, should it get built. The second video dispels the myth of recycling.

Photo by John Cameron on Unsplash

Tribe, Ranchers Say Proposed Lithium Mine in Wikieup Will ‘Ruin’ Their Water [Dispatches from Thacker Pass]

Tribe, Ranchers Say Proposed Lithium Mine in Wikieup Will ‘Ruin’ Their Water [Dispatches from Thacker Pass]

This article originally appeared on the Protect Thacker Pass Blog.

Featured image: Photo of Damon Clarke, chairman of the Hualapai Tribe by Josh Kelety


 

Thacker Pass gets a mention in this article in the Phoenix New Times about another proposed lithium mine in Arizona, one that would use the same sulfuric acid leaching process that the Thacker Pass lithium mine would use. It’s also yet another mine threatening the water and land of indigenous people.

“The brewing tension surrounding the project in Wikieup represents a broader fight over lithium mining that is taking place in other states. Increasing use of electric cars and renewable energy has caused demand for lithium to soar, with projections for even more needed in the near future. But some observers are raising red flags, like in Wikieup, about the potential harmful environmental impacts of lithium mines.”

In this case the mining company is Hawkstone Mining, another foreign mining company (Australian, like Jindalee, the mining company that wants to mine lithium just across the OR border from Thacker Pass).

As members of the Hualapai Tribe noted, the mining would disturb their cultural sites (just like the Thacker Pass mine would disturb the cultural sites of the Paiute Shoshone people), and could use up or contaminate ground water in a state in the middle of extraordinary drought.

“There is no water in the state of Arizona. Everyone is fighting for water. Here, in this area, it’s arid and there’s not a lot of water. Whatever water there is here has already been taken by farming and ranching. To allow a big industry to come in that’s going to use tons of water and ruin our water system … then it’s a big problem. This place can’t support something that uses a lot of water, whether it’s lithium or not. We’re all in support of changing our consumption of fossil fuels. But at the cost of the environment just to get that for more cellphones and whatever else, it’s a problem.”
— Hualapai Tribe Councilmember Richard Powskey

Peehee mm’huh / Thacker Pass is a special, unique and wonderful place. AND our effort at Thacker Pass is representative of a growing struggle throughout the American West as mining companies ramp up to meet projected lithium demand for EV batteries and energy storage and an ever-increasing number of devices.

As we said when we began this fight: this is just the beginning. We take a stand at Peehee mm’huh for all the land and water that may otherwise be stolen for lithium for cars and gadgets and technology that we do not “need” to live well on this beautiful Earth.

Join us to #ProtectThackerPass and all the other lands under threat from mining.


For more on the Protect Thacker Pass campaign

#ProtectThackerPass #NativeLivesMatter #NativeLandsMatter

Tribal Members Aim to Stop Lithium Nevada Corporation From Digging Up Cultural Sites in Thacker Pass [Dispatches from Thacker Pass]

Tribal Members Aim to Stop Lithium Nevada Corporation From Digging Up Cultural Sites in Thacker Pass [Dispatches from Thacker Pass]

Fort McDermitt, Nevada – As soon as July 29, 2021, Lithium Nevada Corporation (LNC) plans to begin removing cultural sites, artifacts, and possibly human remains belonging to the ancestors of the Paiute and Western Shoshone peoples for the proposed Thacker Pass open pit lithium mine.

According to a motion for preliminary injunction filed by four environmental organizations in the case Western Watersheds Project v. United States Department of the Interior, LNC intends to begin “mechanical trenching” operations at seven undisclosed sites within the project area, each up to “40 meters” long and “a few meters deep.” The corporation also plans to dig up to 5 feet deep at 20 other undisclosed sites, all pursuant to a new historical and cultural resources plan that has never been subject to meaningful, government-to-government consultation with the affected Tribes or to National Environmental Policy Act analysis.

Daranda Hinkey, Fort McDermitt Paiute and Shoshone tribal member and secretary of a group formed by Fort McDermitt tribal members to stop the mine, Atsa Koodakuh wyh Nuwu (People of Red Mountain) states: “From an indigenous perspective, removing burial sites or anything of that sort is bad medicine. Our tribe believes we risk sickness if we remove or take those things. We simply do not want any burial sites in Thacker Pass or anywhere in the surrounding area to be taken. The ones who passed on were prayed for and therefore should stay in their place, no matter what. We need to respect these places. The people at Lithium Nevada wouldn’t go and dig up their family gravesite because they found lithium there, so why are they trying to do that to ours?”

LNC’s Thacker Pass open pit lithium mine would harm the Fort McDermitt Paiute and Shoshone Tribe, their traditional land, and traditional foods like choke cherry, yapa, ground hog, and mule deer. It would also harm water, air, and wildlife including sage grouse, Lahontan cutthroat trout, pronghorn antelope, and sacred golden eagles.

Thacker Pass is named Peehee mu’huh in Paiute. Peehee mu’huh means “rotten moon” in English and was named so because Paiute ancestors were massacred there while the hunters were away. When the hunters returned, they found their loved ones murdered, unburied, rotting, and with their entrails spread across the sage brush in a part of the Pass shaped like a moon. According to the Paiute, building a lithium mine over this massacre site at Peehee mu’huh would be like building a lithium mine over Pearl Harbor or Arlington National Cemetery.

Land and water protectors have occupied the Protect Thacker Pass camp in the geographical boundaries of LNC’s open pit lithium mine since January 15. Will Falk, attorney and Protect Thacker Pass organizer, says: “Our allies, the People of Red Mountain, do not want to see their ancestors disturbed and their sacred land destroyed. We plan on stopping Lithium Nevada and BLM from digging these cultural sites up.”

On Tuesday, June 15th at 11am PST / 2pm EST, we will be phone banking to Secretary of Interior Deb Haaland (Laguna Pueblo) to ask that she rescind (cancel) the Record of Decision for Thacker Pass, delay the project for consultation, and meet with Atsa Koodakuh wyh Nuwu (People of Red Mountain) to discuss the issues here.

During this phone bank, we will be live streaming a press conference featuring Fort McDermitt tribal members and other concerned people. Please join us by filling out the information on this form and join us to #ProtectPeeheeMu’huh / #ProtectThackerPass!

SIGN UP HERE: https://forms.gle/z4Y2w2dKaw7WMHwE6

Event hosted by People of Red MountainOne Source NetworkMoms Clean Air Force, and Protect Thacker Pass. Please share widely!


For more on the Protect Thacker Pass campaign

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