U.S. Appeals Court to Hear Case on Biden-Backed Nevada Lithium Mine Opposed by Tribes and Environmentalists

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On Tuesday, a U.S. appeals court is set to review legal challenges regarding a large-scale lithium mine in Nevada. The case presents a clash between environmentalists, Native American tribes, and President Joe Biden’s efforts to address climate change. The outcome of this case could have significant implications for mining operations across the Western United States.

The 9th U.S. Circuit Court of Appeals, which previously halted the construction of an Arizona copper mine, will now hear oral arguments in a similar legal battle that began two years ago. The Nevada mine, located near the Oregon border, aims to extract lithium—a silvery-white metal used in electric vehicle batteries.

Representatives from Lithium Americas, the Canadian company that initiated the project in March, as well as the U.S. government, conservationists, tribes, and a Nevada rancher, will present their respective positions during the hearing in Pasadena, California, before a three-judge panel.

The leaders of the Western Shoshone and Paiute tribes have persistently argued that the Thacker Pass mine would encroach upon sacred lands where numerous tribal members were massacred by the U.S. Cavalry in 1865. According to tribal leaders, this site should remain undisturbed due to laws safeguarding historical and cultural resources.

Conservationists express concerns that the open pit mine, deeper than the length of a football field, will contaminate groundwater and destroy vital habitats for sage grouse, pronghorn antelope, and other species, thus violating environmental regulations.

While the Bureau of Land Management expedited approval of the mine during the Trump administration, the Biden administration has continued to support it, aiming to boost domestic lithium production required for electric vehicles—an integral part of Biden’s clean energy agenda.

Construction began in March after opponents’ request for an emergency injunction was denied by the court. In recent weeks, a few activists were arrested at a protest camp organized by tribal leaders. Subsequently, the mining company filed a lawsuit in county court to prevent further trespassing, and local sheriff’s deputies enforced a protective order on behalf of the company, banning protestors.

Bethany Sam, a descendant of one of the massacre victims and spokesperson for the Reno-Sparks Indian Colony, who was among those arrested, stated, “Our people couldn’t return to Thacker Pass for fear of being killed in 1865, and now in 2023 we can’t return or we’ll be arrested. Meanwhile, bulldozers are digging our ancestors’ graves up.”

Lithium Americas argues that the Thacker Pass mine holds reserves that can provide lithium for over 1.5 million electric vehicles annually for 40 years, asserting that there are no comparable alternatives in the United States to meet the scale, quality, and timeline necessary to fulfill the nation’s clean energy and transportation goals.

The ongoing appeal heavily relies on the legal developments that have occurred since the bureau approved the Thacker Pass mine in 2021 and the 9th Circuit’s decision in the Arizona case.

In April 2022, the court ruling on the Arizona case challenged the long-held government position that established mining claims automatically grant the same mineral rights under the 1872 Mining Law to adjacent lands where waste will be disposed of. The 9th Circuit determined that the company must demonstrate the presence of valuable minerals beneath such lands to extend the claim’s rights to those areas.

Referring to the “Rosemont precedent” set by the Arizona case, U.S. District Judge Miranda Du in Reno concluded that the bureau violated the law when approving the plans for the Thacker Pass mine. However, instead of halting construction, she allowed it to proceed while ordering the bureau to provide additional evidence of compliance with the law.

Last month, the Biden administration announced that it would not contest the 9th Circuit’s ruling in the Rosemont case. Nonetheless, the U.S. Interior Department’s solicitor general issued a new opinion on the scope of the mining law, and the bureau submitted additional evidence to support the claim that valuable minerals exist in the planned waste disposal area.

Environmental groups such as the Western Watersheds Project and Great Basin Resource Watch, who are suing to block the mine, disagree with the Bureau of Land Management’s position. They argue that the Thacker Pass mine, permitted based on a flawed environmental review, will have wide-ranging impacts on groundwater, sage grouse, golden eagles, wetlands, visual resources, and other aspects.

The lawyers representing the conservationists will contend during Tuesday’s court session that the new evidence presented by the bureau is inadequate and was not part of the approved overall plan by the Bureau of Land Management.

Despite Judge Du’s refusal to grant an injunction, the lawyers argue that her ruling invalidated the complete operational plan, rendering the mine “now an incomplete… illegal mine.” They further assert, “BLM’s new and rushed determination cannot cure BLM’s error.”

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