Judge blocks Arizona lithium drilling that tribe says is threat to sacred lands
A federal judge has temporarily blocked exploratory drilling for a lithium project in Arizona. Tribal leaders say the project will damage land that has been used for religious and cultural ceremonies for centuries.
Lawyers for the national environmental group Earthjustice and the Colorado-based Western Mining Action Project are suing federal land managers on behalf of the Hualapai Tribe. They accuse the U.S. Bureau of Land Management of illegally approving drilling planned by an Australian mining company in the Big Sandy River Basin in northwestern Arizona, about halfway between Phoenix and Las Vegas.
The case is one of the latest legal battles between Native American tribes and environmentalists against President Joe Biden’s administration. green energy projects encroaching on culturally important areas.
According to court documents, U.S. District Judge Diane Humetewa issued a temporary restraining order Monday night. Humetewa is suspending the operation until she can hear initial arguments from the tribe, Arizona Lithium Ltd. and the agency at a hearing in Phoenix on Sept. 17.
The tribe wants the judge to issue a preliminary injunction extending the ban on activities at the site pending litigation over allegations that federal approval of the exploratory drilling violated the National Historic Preservation Act and the National Environmental Policy Act.
“Like other tribes that have managed the land for centuries, the Hualapai Nation is under siege by mining interests seeking to profit from the destruction of their cultural heritage,” Laura Berglan, an attorney with Earthjustice, said in a statement Wednesday.
The tribe says in court documents that the agency failed to adequately analyze the potential impact on sacred springs that the Hualapai people call Ha’Kamwe’, which means hot spring, which have served as a place “for healing and prayer” for generations.
The tribe and environmental groups also say a 2002 environmental study by the agency and the U.S. Department of Energy found the land qualifies for listing on the National Register of Historic Places as a traditional cultural heritage site.
Arizona Lithium plans to open a total of 131 drilling locations spread across nearly 1 square mile (2.6 square kilometers) to take samples and determine if there is enough lithium to build a mine and extract the essential mineral needed to produce electric vehicle batteries and more.
Justice Department lawyers representing the agency said in court papers this week that any potential impacts from an actual mine would be determined by a more comprehensive environmental review. They said the tribe is exaggerating the potential harm that could result from exploratory drilling alone.
“Given the speculative nature of the alleged harm to Hualapai and the benefits of better defining the lithium resources in this area, the shareholders favor denying the Tribe’s request for additional extension,” the government attorneys wrote.
“Furthermore, an injunction would not be in the public interest because the project is an important part of the United States’ green energy transition,” authorities said.
The agency completed a formal environmental review of the project and issued a finding of “no significant impact” in June. On July 9, the agency issued a final decision approving drilling.
In court documents, Arizona Lithium cited the “tremendous amount of resources” it expended over three years to gain federal approval for the project. The company said it worked with land managers to develop a plan that complied with federal regulations and took into account the interests of the Hualapai Tribe, the environment and local residents.
The tribe says their homeland extends from the Grand Canyon in the south and east to the mountain ranges near Flagstaff, Arizona.
The Ha’Kamwe’ springs are located on land known as Cholla Canyon, which is held in trust for the tribe. According to the lawsuit, there is archaeological evidence of the tribe’s presence there dating back to 600 A.D.
“Today, our people celebrate the granting of the temporary restraining order, but understand that our fight is not over,” Hualapai Tribe Chairman Duane Clarke said in a statement Wednesday. “We will continue to focus on protecting our water.”