Federal Judge Approves Lithium Mine on Paiute Massacre Site and Thacker Pass

Attorney Max Wilbert said, "Monday's news from the Thacker Pass court case was bad. There is no sugar-coating that. Some statements are circulating that interpret the court decision as favorable. That is wrong; at this very moment, Lithium Nevada is mobilizing trucks and heavy equipment to Thacker Pass to begin destroying the land. The judge's decision essentially clears the legal path for Lithium Nevada to begin full-scale construction over the next few months."

Federal Court Rules in Favor of Lithium Mining on Paiute Massacre Site at Thacker Pass

By Reno-Sparks Indian Colony
Contacts: Bethany Sam, Will Falk, Max Wilbert
Censored News

RENO, Nevada — On Monday, Judge Miranda Du issued her decision in the consolidated Thacker Pass court cases including Case No. 3:21-cv-00080-MMD-CLB, the Reno-Sparks Indian Colony and Burns Paiute Tribe lawsuit against the Bureau of Land Management.

Judge Du ruled against the Reno-Sparks Indian Colony and all the other plaintiffs except on one, limited argument. She found that the Bureau of Land Management (BLM) did not determine whether or not Lithium Nevada possesses valid mineral rights for 1,300 of the 18,000 acres that the mine would cover. The judge is allowing the rest of the mine to proceed while BLM determines whether Lithium Nevada possesses those rights.

“We have expected this decision for some time,” said Arlan Melendez, Chairman of the Reno-Sparks Indian Colony. “This does not mean consultation was done correctly and it does not mean this fight is over. We will be continuing to advocate for this sacred site.”

The Reno-Sparks Indian Colony attorney Will Falk said in a statement, “Law is a limited tactic – especially in public lands mining cases where the law presumes corporations have a right to mine. If we’re going to truly protect Thacker Pass, we’re going to have to do more than file lawsuits and litigate in court. We cannot rely on the government or a judge to protect Thacker Pass. We’ll have to do it ourselves.”

Falk is the co-founder of Protect Thacker Pass, which led a protest camp on the site for much of 2021.

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. It’s also critical habitat for wildlife including pronghorn, Greater sage-grouse, golden eagles, mule deer, and an endangered snail species, the King’s River Pyrg.

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.

We’re twice as committed now as we were when this fight began. Lithium Nevada, General Motors, and the rest of their partners have long since lost any pretense of moral high ground on sustainability and human rights issues

Statement by Protect Thacker Pass

This court decision doesn’t mean the Thacker Pass mine is sustainable, just, or righteous. Those issues were not heard in court. This decision means only one thing: that federal law is stacked in favor of corporations, against the planet, and against tribes and communities.

This is nothing new. We live in an unsustainable nation with a foundation of corporate power, land theft, and the destruction of nature. The legal system makes it essentially impossible for the Federal Government to say no to mining companies — even when local communities, tribes, and regulatory agencies have major concerns.

This is only a temporary defeat. We’re twice as committed now as we were when this fight began. Lithium Nevada, General Motors, and the rest of their partners have long since lost any pretense of moral high ground on sustainability and human rights issues. Only when this is over will they realize how big of a mistake they have made.

Full court decision
https://www.protectthackerpass.org/judge-du-publishes-decision-in-thacker-pass-court-case/