A federal judge has temporarily halted exploratory drilling for a lithium project in Arizona, a project opposed by tribal leaders who claim it will damage land they have used for religious and cultural practices for centuries.
Represented by lawyers from Earthjustice and the Western Mining Action Project, the Hualapai Tribe is suing federal land managers. They allege that the U.S. Bureau of Land Management (BLM) illegally approved the drilling plans by an Australian mining company in the Big Sandy River Basin, located in northwestern Arizona, between Phoenix and Las Vegas.
This case is part of a broader legal trend where Native American tribes and environmental groups are challenging the Biden administration as green energy projects increasingly encroach on culturally significant lands.
U.S. District Judge Diane Humetewa issued a temporary restraining order late Monday, according to court documents. This order pauses the drilling until the court can hear initial arguments from the tribe, Arizona Lithium Ltd., and the BLM during a hearing in Phoenix on September 17.
The tribe is seeking a preliminary injunction to extend the prohibition on drilling activity while the trial proceeds. They argue that federal approval of the exploratory drilling violates the National Historic Preservation Act and the National Environmental Policy Act.
Laura Berglan, an Earthjustice lawyer, stated, "Like other tribal nations who have stewarded the lands across this country for centuries, the Hualapai people are under siege by mining interests looking to profit from destroying their cultural heritage."
The tribe's court filings assert that the BLM did not adequately assess the potential impact on sacred springs, known as Ha'Kamwe', which have been a place of healing and prayer for generations. They also argue that a 2002 environmental review by the BLM and the U.S. Energy Department determined that the land was eligible for the National Register of Historic Places as a traditional cultural property.
Arizona Lithium plans to drill at 131 sites across nearly a square mile to collect samples to determine if there's sufficient lithium to build a mine. The lithium is critical for manufacturing batteries for electric vehicles and other technologies.
However, Justice Department lawyers representing the BLM argue that the tribe is overstating the potential harm from exploratory drilling. They contend that a more extensive environmental review would assess the impact of any actual mining activity. "Given the speculative nature of Hualapai's alleged harm and the benefits of better defining the lithium deposits in this area, the equities favor denying the tribe's bid for additional delay," government lawyers wrote. They also argued that an injunction would not be in the public interest, as the project is a key part of the U.S. green energy transition.
The BLM completed an environmental assessment and issued a finding of "no significant impact" in June, followed by a final decision approving the drilling on July 9.
Arizona Lithium emphasized the resources it has invested over three years to secure federal authorization for the project, stating it worked with land managers to comply with federal regulations and consider the interests of the Hualapai Tribe, the environment, and local residents.
The tribe's homeland stretches from the Grand Canyon to mountain ranges near Flagstaff, Arizona. The Ha'Kamwe' springs, located on land known as Cholla Canyon, are held in trust for the tribe. According to the lawsuit, archaeological evidence of the tribe's presence in the area dates back to 600 A.D.
"Today, our people celebrate the granting of the temporary restraining order but understand our fight is not over," said Hualapai Tribe Chairman Duane Clarke. "We will continue to bring awareness to the protection of our water."
.png)
.png)
0 Comments