Early in 2021, the Bureau of Land Management approved a mining project allowing the Lithium Nevada Corp to mine at Thacker Pass, which is next to tribes of the Fort McDermitt Indian Reservation. In August, the project met legal challenges from tribes and entered a lawsuit to halt the project due to not receiving proper consultation as required by law.
The three tribes involved in this lawsuit, Reno-Sparks Indian Colony, Burns Paiute Tribe and the People of Red Mountain, submitted evidence to U.S District Judge Miranda Du that suggests that she should overturn previous rulings. Prior to this, Judge Du denied requests from environmentalists for a similar injunction claiming that construction would damage the habitat for local ground-dwelling birds. In addition to environmental damage, members of these tribes claim this mine would destroy the consecrated land of their ancestors murdered there by soldiers in 1865.
Lawsuit Timeline
Previous court rulings by Judge Du denied requests by tribes to pause the development of the project. In August, tribal leaders initially bid to block digging to allow for an archaeological study before construction commenced for the lithium mine. By September, Judge Du had denied this request because there was “no evidence the bureau acted unreasonably” and “no evidence the mine was planned on an actual massacre site.” In response, the tribes submitted a newspaper report from 1865 of two witness accounts of the massacre involving the murder of Paiute members by federal soldiers. The Owyhee Avalanche reports that soldiers pursued these men, women and children for hours “over several miles of ground.” Additional information of two historical accounts was found to be insufficient by Judge Du as of Nov. 11. She states that the evidence “does not persuade the court that it should reconsider.”
Clean Green Energy and Economic Prosperity Perspective
Lithium Nevada Corp will construct the largest lithium mine in the United States. The mining company plans to use lithium extracted from Thacker Pass for electric car batteries in preparation for the projected demand for energy-friendly cars within the next five years.
Jan Morrison, Humboldt County, Nev. chief of economic development, claims that this mining project is a great idea and that the “supply chain is entirely domestic.” This project procures upwards of 1,000 jobs, and the company has stated it will prioritize hiring tribal members.
Activist and Tribe Members Perspectives
However, tribe members and environmentalists have opposing opinions about how this plan for clean green energy will play out. An opinion piece by Opposition Voices to Tacker Pass Lithium Mining Project accounts two perspectives of tribe members in Nevada. Gary McKinney asserts that as tribes with federal recognition, the Bureau of Land Management should initiate proper consultation with the three tribes active in the lawsuit and 15 other tribes in the area that he believes should be involved in this consultation. McKinney states that this green energy plan is contradictory in nature and that the company will “Sacrifice our Good for their Greater Good.”
What Happens Next?
As of now, construction for the mine is projected to take place in early 2022. Lithium Nevada Corp will have a contractor dig trenches to confirm that there is no evidence of human remains in the area. However, if human remains are found, then activity will halt.
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