In a battle against lithium mining, the Paiute and Shoshone tribes are prepared to take on mineral giants to protect Thacker Pass.
In the face of heatwaves, wildfires, and rampant flooding, many companies market a solution to the climate crisis: electric vehicles. However, while their vehicles do not run on oil and gas, the batteries require finite minerals like cobalt, lithium, and nickel.
Scientists project that demand for these minerals could increase 40 times over by the year 2050. Protect Thacker Pass co-founder Max Wilbert believes the climate crisis cannot be solved through more mining projects at the sacrifice of indigenous communities and their land.
“I don’t know what part of blowing up a mountain is green. I don't remember what part of destroying Native American sacred sites is green,” Wilbert said. “All extraction projects destroy and pollute the air and water. The Thacker Pass mine is no different. And right now they're destroying this land.”
Key Takeaways
For the past two-and-a-half years, the Reno-Sparks Indian Colony (RSIC) has attempted to halt Lithium Nevada Corporation’s operations of the world’s largest open-pit lithium mine in Thacker Pass, located in a remote mountainside in northern Nevada. To the Native Paiute peoples in the area, Thacker Pass is known as “Peehee Mu’huh” and is full of sacred and ceremonial sites, traditional hunting and harvesting grounds, and the site of two massacres of Paiute peoples.
Lithium Nevada began operations after consulting the Fort McDermitt Paiute and Shoshone Tribe, the only one out of the 28 Native tribes and colonies in Nevada. The tribal council signed a Community Agreement with Lithium Nevada in 2022, but many of the tribe’s members oppose the decision.
The RSIC along with Summit Lake Paiute Tribe and Burns Paiute Tribe, sued the Bureau of Land Management (BLM) in February 2023 for the right to proper consultation. After the case was dismissed by the courts in November 2023, the RSIC is changing their tactics towards tribal organizing to raise public awareness and action to halting this mine, along with other projects which are still in early stages of development, such as the McDermitt Lithium project nearby.
“We lost a lawsuit because the law favors mining, especially in this state. We are also not going to pursue an appeal at this time. It would be in the best interest if the mining was put on hold, but by the time you would get through to appeal, they would’ve already desecrated all the sacred sites,” said RSIC Former Chairman Arlan Mendez in a press conference on December 5, 2023. “Part of our strategy will be to mobilize tribes so we can speak with a louder voice organized together. The better we can do that, the more influence we have.”
The main legal obstacle is the Mining Law of 1872, which declared all valuable mineral deposits in land belonging to the United States to be free and open to exploration and purchase by individuals and private enterprises. According to attorney William Falk, who has been representing the RSIC, federal law does not allow a judge to permanently protect sacred sites that would be destroyed by mining on public lands.
“The tribes’ lawsuit was never capable of permanently stopping the Thacker Pass Lithium Mine because tribes in the United States only have a right to consultation about projects destroying their ancestral homelands. They do not have the right to consent. They don't have the right to tell a government agency, ‘no you cannot build this mine here,’ Falk said. “The same is true for non-Native communities that live close to these mines. That law has to change.”
Key Takeaways
Native people in the Americas have fought colonial land grabs for over 500 years. The Catholic Church’s Doctrine of Discovery of 1493 gave colonists the right to claim Native lands, and the Supreme Court upheld the Doctrine with the 1823 ruling “that the principle of discovery gave European nations an absolute right to New World lands.” Thacker Pass is located on public lands overseen by the BLM, which many citizens believe is a US federal department that holds public lands for all Americans. However, Falk says that is not true.
“Under the 1872 General Mining Law, it's more accurate to say that the United States government holds public lands for mining corporations,” Falk said. “The public can use public lands, and Native Americans can visit their sacred sites on public lands only until valuable minerals are located on the fence. Then people lose their right to use public lands in those locations. And Native Americans lose the right to go very peacefully for their massacred ancestors.”
Over thousands of years, Paiute and Shoshone ancestors frequented Thacker Pass to travel, collect obsidian, hunt deer, fish for Lahontan cutthroat trout, gather food medicinal herbs, and practice spiritual ceremonies. Many of their descendants still visit the land to maintain traditional practices, visit buried ancestors and learn their peoples’ history.
Thacker Pass is also the site of two massacres, one of which took place in context of the Snake War, a genocide that killed 60% of all Paiute people in the 1800’s. On September 12, 1865, Company E of the 1st Nevada Cavalry attacked a Paiute Camp in Thacker Pass and killed 31-50+ men, women, children, and elders as they fled. The second massacre was an inter-tribal conflict with a tribe from the West. Documented through oral histories, this gave the area its Paiute name of Peehee Mu’huh (“Rotten Moon.”)
Initially, the BLM refused to acknowledge that the massacres took place within the mining project site. The RSIC had to put together a 140-page traditional cultural property eligibility statement to prove the cultural and historical significance of Thacker Pass to the BLM. While the BLM eventually acknowledged that the massacre took place within the project area, they still refused to halt construction during consultation talks.
“This is where our ancestors are, “RSIC Cultural Resource Officer Michon Eben said. “Just because the site doesn’t say ‘historical cemetery’ doesn’t mean the unmarked graves of our ancestors are less than. This is the evidence that we did our best to show, but a lot of it was rejected.”
Key Takeaways
Tribal communities across Nevada worry about what the Thacker Pass mine will bring, such as man camps, which are temporary housing set up for mining workers. There is already one under construction 60 miles south of the mine in Winnemucca, Nevada. According to a report by National Crime Statistics Exchange (NCSX), the presence of man camps result in a higher number of Missing and Murdered Indigenous Women (MMIW).
“It’s not just not going to be detrimental to women or children,” Eben said. “When man camps come around to rural communities, illegal activity comes. Drug trafficking, sex trafficking will come to all our Native communities and Winnemucca.”
Despite being marketed as a green solution, the mine heavily pollutes the land. According to an environmental impact statement prepared by the BLM, the mine burns 12,000 gallons of diesel and gasoline each day in its operations. That’s the equivalent of emitting 152,000 tons of carbon dioxide each year. The mine will also require 500,000 gallons (1.9 million liters) of water to extract 1 metric ton of lithium, which powers about 90 electric vehicles.
Thacker Pass is located within the McDermitt Caldera, one of the largest lithium reserves in the world, which stretches into Oregon. But this mine isn’t the only lithium extraction project; in Nevada alone, there are 83 lithium extraction projects in various stages of permitting or exploration, according to the Center for Biological Diversity. The RSIC believes that if federal laws aren’t challenged, more of these projects will develop across the country at the sacrifice of other tribal lands and people.
“The boom that's going to happen here is almost like the gold rush of a long time ago. It's going to happen here because this is the first mine that has really affected that region. But the whole state has lithium deposits,” Melendez said. “So we’re at the beginning stages of mobilizing our Native American and indigenous people to recognize these laws are outdated.”
The tribes also urge the general public to get involved with protesting the Thacker Pass mine and McDermitt Lithium Project through media efforts, mass civil disobedience, direct actions, and peaceful protest. They hope their fight can link people from coast to coast and beyond to unite the peoples of the world.
“We're trying to realize peaceful protests that mobilize a number of people. We can really make an impact knowing that it’s an issue worth marching for, assembling for, and speaking to the media or whoever will listen,” Melendez said. “Not just within the state, but also in South Dakota, reaching out further to other countries where indigenous people are impacted. It's a broader vision and broader effort, and I think it starts by really focusing on and assembling people together so that we can brainstorm and determine how we move forward from here.”
Key Takeaways
Key Takeaways
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