- Details
- By Darren Thompson
RENO, Nev.— Construction is underway on the highly contested Thacker Pass lithium mine in northern Nevada after a court ruled earlier this month against the tribes trying to stop the mine.
After U.S. District Court Judge Miranda M. Du ruled on Feb. 6 against conservation organizations, a local rancher, and several tribes who filed suit to stop the project, three separate federally recognized tribes filed an additional lawsuit on Feb. 16 in an attempt to stop construction of the mine.
On March 23, the court ruled against the tribes — the Reno-Sparks Indian Colony, Summit Lake Paiute Tribe, and the Burns Paiute Tribe — who argued that the Bureau of Land Management violated several laws when it permitted the mine to Lithium Americas on Jan. 15, 2021. The tribes also alleged that the mine’s permission violates their access to historically and culturally significant sites.
The Thacker Pass region is considered sacred by the tribes who call it “Peehee Mu’huh,” or Rotten Moon in the Paiute language because, in 1865, federal cavalry killed more than 30 men, women and children and then left their bodies to rot.
Judge Miranda Du said that access to the Thacker Pass region has been restricted for years because of authorized mining activity, and an argument that its restriction suddenly limits cultural rights is not valid.
The court previously rejected evidence presented by the Reno-Sparks Indian Colony and the Burn Paiute Tribe that a massacre occurred in the area. The two tribes presented written records and two eyewitness accounts of the slaughter.
The newest lawsuit also contended that the BLM misrepresented its claims that it consulted with tribes about potential impacts on historical and cultural sites near the mine project site.
“Our contention is with the largest lithium mine in the country and the expansion of the 40 plus other lithium claims proposed for the State of Nevada,” said Arlan Melendez, Chairman of the Reno-Sparks Indian Colony, in a statement on Feb. 17. “They should have notified all Tribes sooner. The Thacker Pass permitting process was not done correctly. BLM contends they have the discretion to decide who to notify or consult with. They only contacted three out of the 22 tribes who had significant ties to Thacker Pass.”
The three tribes behind the lawsuit said Thacker Pass should be listed on the National Register of Historic Places.
“Part of the Federal Government’s responsibility is to determine if a proposed mining project may adversely affect historic properties,” said Reno-Sparks Indian Colony’s Tribal Historic Preservation Officer Michon Eben in a statement. “Historic properties include Native American massacre sites. The BLM [Bureau of Land Management] failed in its trust responsibility to tribes and now our ancestor’s final resting place is currently being destroyed at Peehee Mu’huh.”
Lithium Nevada Corporation (LNC), the subsidiary of Lithium Americas, said in a news release that it began construction of what is being touted as the largest lithium mine in North America on Mar. 2. According to the company, lithium reserves at Thacker Pass can support the production of up to 1 million electric vehicles a year for up to 40 years. Production of materials could begin as soon as the end of 2026.
Lithium Americas did not provide a comment on the most recent ruling as of press time.
More Stories Like This
TIME Magazine Names Gila River Indian Community Leader to Its "2024 Time100 Climate” ListNavajo President Buu Nygren Says Remediation Fund, Cleanup of Sites is Solution to Contamination
Record Numbers of Steelhead Return to the Deschutes River, Heralding Progress in Long-term Fish Reintroduction Effort
National Park Service Issues Landmark Order for Tribal Consultations
On the Wisconsin-Iowa Border, the Mississippi River is Eroding Sacred Indigenous Mounds
Support Independent Indigenous Journalism That Holds Power to Account
With the election now decided, Native News Online is recommitting to our core mission: rigorous oversight of federal Indian policy and its impact on tribal communities.
The previous Trump administration’s record on Indian Country — from the reduction of sacred sites to aggressive energy development on tribal lands — demands heightened vigilance as we enter this new term. Our Indigenous-centered newsroom will provide unflinching coverage of policies affecting tribal sovereignty, sacred site protection, MMIR issues, water rights, Indian health, and economic sovereignty.
This critical watchdog journalism requires resources. Your support, in any amount, helps maintain our independent, Native-serving news coverage. Every contribution helps keep our news free for all of our relatives. Please donate today to ensure Native News Online can thrive and deliver impactful, independent journalism.