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thacker pass
Senate Democrat Slammed for Pushing 'Unprecedented Giveaway' to Mining Industry
One campaigner argued that rather than serving mining companies, Congress should pass "meaningful reforms that will protect communities, special places, and sacred sites from unnecessary destruction."
Apr 25, 2023
Green groups on Tuesday blasted U.S. Sen. Catherine Cortez Masto for introducing legislation that would reverse a recent judicial decision and alter federal mining policy in ways welcomed by industry but lambasted by land defenders.
Noting the 9th Circuit Court of Appeals decision last year that upheld an earlier ruling against the Rosemont copper mine in Arizona, Cortez Masto (D-Nev.) and Sen. Jim Risch (R-Idaho) unveiled the Mining Regulatory Clarity Act, which is also co-sponsored by Sens. Mike Crapo (R-Idaho), Jacky Rosen (D-Nev.), and Kyrsten Sinema (I-Ariz.).
"The bill would amend a 1993 budget reconciliation act but primarily clarifies definitions of activities and rights central to the 1872 Mining Law," The Associated Press explained. "The language is intended to insulate mines from the more onerous and likely most expensive standards imposed on the industry by the 9th Circuit ruling, which was a significant departure from long-established mining practices that environmentalists have fought for decades."
"Instead of making it easier for irresponsible mining companies to exploit our public lands, we should modernize our mining laws to deliver a more fair, just, and equitable hardrock mine permitting process."
While Cortez Masto—who last year narrowly won reelection and last month joined a failed GOP effort to gut water protections—highlighted that Nevada is home to "critical minerals... key to our clean energy future," and what the mining industry means for jobs in her state, environmentalists stressed that her bill would make it easier for companies to dump rock waste on and further disrupt public lands.
"This legislation is an unprecedented giveaway to the mining industry, one that would further entrench the legacy of injustice to Indigenous communities and damage to public lands held in trust for future generations," declared Earthworks policy director Lauren Pagel.
"We need mining reform that serves the needs of mining-impacted communities and taxpayers," she argued. "Instead of making it easier for irresponsible mining companies to exploit our public lands, we should modernize our mining laws to deliver a more fair, just, and equitable hardrock mine permitting process."
Earthjustice senior legislative representative Blaine Miller-McFeeley agreed that the bill "is a wholesale giveaway to mining companies" that "have long abused" the 1872 law by "unlawfully claiming a right to destroy public lands to maximize profits."
Cortez Masto's bill "would condone that illegal practice, essentially giving mining companies a free pass to occupy our public lands and lock out other uses—including for recreation, conservation, clean energy, and cultural purposes," Miller-McFeeley said.
"Mining companies have left a trail of environmental destruction and human health catastrophes as a direct result of poorly regulated practices and corporate greed," he added. "As we prepare to source the raw materials needed to build out the clean energy infrastructure of the future, we urge Congress to stop doing the bidding of greedy mining corporations and instead, work on meaningful reforms that will protect communities, special places, and sacred sites from unnecessary destruction."
\u201cThis is bad news for #publiclands. \n\nMining must take place responsibly, or not at all. \n\nhttps://t.co/nGPDATIOR3\u201d— Western Priorities (@Western Priorities) 1682442742
Patrick Donnelly, Great Basin director at the Center for Biological Diversity, also called out the Nevada Democrat's push, charging that "Sen. Cortez Masto has become a mining-industry puppet and is throwing communities, tribes, and wildlife under the bus."
"The United States should be leading the world in setting the highest environmental standards for mining, especially for minerals needed for the renewable energy transition," Donnelly continued. "Instead, she's leading a race to the bottom where the only winners are mining company shareholders."
The proposal exposes local divisions: The Nevada Mining Association, the Northern Nevada Central Labor Council, and the company Nevada Vanadium all applauded it, but other groups, such as Save the Scenic Santa Ritas Association, slammed the bill.
"Sen. Cortez Masto's legislation would betray U.S. taxpayers by greenlighting a project that would foreclose recreation opportunities, including hiking, biking, fishing, hunting, and bird-watching, and threaten the water supply of ranches and nearby homeowners," said Thomas Nelson, the association's board president. "Corporate, industrial extraction industries should never be given free rein to damage public lands for the purpose of making profits. We must not exclude the public from the public lands that their tax dollars sustain."
John Hadder, director of Great Basin Resource Watch, warned that the legislation "would allow New Moly Mining Corp. to cover over federally protected public springs at Mount Hope here in Nevada with millions of tons of waste rock and create a forever source of water pollution."
"Given the enormous ecological and significant climate footprint of mining, the permitting needs to be careful and judicious," Hadder asserted. "This bill does just the opposite."
The Rosemont decision has already been cited in two other judicial decisions. As the AP detailed:
U.S. District Judge Miranda Du in Reno ruled in February that the Bureau of Land Management had violated the law when it approved Lithium Americas' plans for the Thacker Pass mine near the Nevada-Oregon line. But she allowed construction to begin last month while the bureau works to bring the project into compliance with federal law.
The 9th Circuit has scheduled oral arguments June 26 on environmentalists' appeal of Du's refusal to halt the mine even though she found it was approved illegally.
Last month, U.S. Judge Larry Hicks in Reno also adopted the Rosemont standard in his ruling that nullified Bureau of Land Management approval of a Nevada molybdenum mine and prohibited any construction.
As Cortez Masto and the other co-sponsors unveiled their bill on Tuesday, Native elders and other land defenders blocked construction on the Thacker Pass mine, with some holding a banner that said: "Enough is enough! Stop the destruction."
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Green Groups, Indigenous Tribes Urge Courts to Block 'Illegally Approved' Lithium Mine
"Global warming is a serious problem and we cannot continue burning fossil fuels, but destroying mountains for lithium is just as bad as destroying mountains for coal," argued one campaigner. "You can't blow up a mountain and call it green."
Feb 21, 2023
A coalition of conservation groups on Tuesday joined Native American tribes in launching legal challenges to a proposed lithium mine in northern Nevada that critics say was "illegally approved" and will "irreparably damage" the delicate desert ecosystem and land where Indigenous peoples are seeking federal historical recognition of a genocidal massacre perpetrated by U.S. colonizers.
Members of the Western Watersheds Project filed an emergency motion in federal court Tuesday seeking an injunction against the Thacker Pass Lithium Mine in Humboldt County pending action by the 9th U.S. Circuit Court of Appeals to ensure the project—which would tap into the largest known source of lithium in the United States and was approved during the final days of the Trump administration—complies with federal law.
"This mine should not be allowed to destroy public land unless and until the 9th Circuit has determined whether it was legally approved," Western Watersheds Project staff attorney Talasi Brooks said in a statement announcing the filing.
"There's no evidence that Lithium Nevada will be able to establish valid mining claims to lands it plans to bury in waste rock and tailings, but the damage will be done regardless," Brooks added, referring to the subsidiary of Canada-based Lithium Americas that is seeking to build the mine. Lithium is a key component of electric vehicle batteries, cellphones, and laptops.
The emergency motion follows a lawsuit filed last week by the Reno-Sparks Indian Colony, Burns Paiute Tribe, and Summit Lake Paiute Tribe in response to U.S. District Judge Miranda Du's earlier ruling that largely favored Lithium Americas and rejected opponents' claims that the project would cause "unnecessary and undue degradation" to the environment and wildlife.
\u201cOpponents, including the Reno Sparks Indian Colony, promise to continue fight to stop the mine.\nhttps://t.co/dLMIGM4puo\u201d— ICT (@ICT) 1675979512
"When the decision was made public on the previous lawsuit last week, we said we would continue to advocate for our sacred site PeeHee Mu'Huh. A place where prior to colonization, all our Paiute and Shoshone ancestors lived for countless generations," Arlan Melendez, chairman of the Reno-Sparks Indian Colony, said in a statement.
"It's a place where all Paiute and Shoshone people continue to pray, gather medicines and food, honor our nonhuman relatives, honor our water, honor our way of life, honor our ancestors," Melendez added.
All three tribes call Thacker Pass PeeHee Mu'Huh, which means "rotten moon"—a name given to honor the dozens and perhaps scores of Northern Paiute men, women, and children who were massacred by Nevada Cavalry on September 12, 1865.
According to an account by one participant:
Daylight was just breaking when we came in sight of the Indian camp. All were asleep. We unslung our carbines, loosened our six-shooters, and started into that camp of savages at a gallop, shooting through their wickiups as we came. In a second, sleepy-eyed squaws and bucks and little children were darting about, dazed with the sudden onslaught, but they were shot before they came to their waking senses...
We dismounted to make a closer examination. In one wickiup we found two little papooses still alive. One soldier said, "Make a cleanup. Nits make lice."
The three tribes assert that all of Thacker Pass should be listed on the National Register of Historic Places.
\u201cNevada tribes are seeking to add Thacker Pass, a culturally-important area slated for a lithium mine, to the National Register of Historic Places. https://t.co/roF71AYC86\u201d— RGJ.com (@RGJ.com) 1676997002
"While Americans tend to focus on only the proud moments of American history, the shameful history of genocide perpetrated by the American government against Native Americas is nevertheless a broad pattern running throughout American history," Michon Eben, the Reno-Sparks Indian Colony's cultural resource manager, wrote in a 2022 letter to the U.S. Bureau of Land Management (BLM).
Eben added that the tribe "considers the destruction of its traditional cultural properties for another mine another act of genocide in the broad pattern running throughout American history."
Indigenous advocates argue that victims of the 1865 massacre were never properly buried, that human remains and artifacts are still being discovered in Thacker Pass, and that federal authorities failed to properly consult tribes on the mine project in violation of the National Historic Preservation Act.
"Part of the federal government's responsibility is to determine if a proposed mining project may adversely affect historic properties. Historic properties include Native American massacre sites," Eben toldNevada Current. "The BLM failed in its trust responsibility to tribes and now our ancestors' final resting place is currently being destroyed at PeeHee Mu'huh."
"The BLM failed in its trust responsibility to tribes and now our ancestors' final resting place is currently being destroyed."
Will Falk, attorney for the Reno-Sparks Indian Colony and co-founder of Protect Thacker Pass—which set up a protest camp on the site of the proposed mine—accused BLM officials of lying about the massacre site being located outside the project area.
"The Biden administration and [Interior] Secretary Deb Haaland keep paying lip service to tribal rights and respect for Native Americans," Falk told Last Real Indians last year. "Well, now three federally recognized tribes are saying that BLM Winnemucca did not respect tribal rights. It's time that BLM halts this project so the tribes can be heard."
Tim Crowley, vice president of government affairs and community relations for Lithium Nevada, argued in a statement that "since we began this project more than a decade ago, we have been committed to doing things right," and that Du's ruling "definitively supported the BLM's consultation process, and we are confident the ruling will be upheld."
While global demand for lithium is surging, extraction of the metal can have devastating consequences, including destruction of lands and ecosystems and water contamination.
"Global warming is a serious problem and we cannot continue burning fossil fuels, but destroying mountains for lithium is just as bad as destroying mountains for coal," contends Max Wilbert of Protect Thacker Pass. "You can't blow up a mountain and call it green."
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