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A federal judge has temporarily blocked exploratory drilling for a lithium project in Arizona that tribal leaders say will harm land they have used for religious and cultural ceremonies for centuries.
Lawyers for the national environmental group Earthjustice and 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 among the latest legal fights to pit Native American tribes and environmentalists against President Joe Biden’s administration as green energy projects encroach on lands that are culturally significant.
U.S. District Judge Diane Humetewa granted a temporary restraining order late Monday, according to court documents. Humetewa is suspending the operation until she can hear initial arguments from the tribe, Arizona Lithium Ltd. and the bureau at a hearing in Phoenix on Sept. 17.
The tribe wants the judge to issue a preliminary injunction extending the prohibition on activity at the site pending trial on allegations that federal approval of the exploratory drilling violated the National Historic Preservation Act and National Environmental Policy Act.
“Like other tribal nations who for centuries have stewarded the lands across this country, the Hualapai people are under siege by mining interests trying to make a buck off destroying their cultural heritage,” Earthjustice lawyer Laura Berglan said in a statement Wednesday.
The tribe says in court documents that the bureau failed to adequately analyze potential impacts to sacred springs the Hualapai people call Ha'Kamwe,' which means warm spring. The springs have served as a place “for healing and prayer" for generations.
The tribe and environmental groups also argue that a 2002 environmental review by the bureau and the U.S. Energy Department determined that the land was eligible for listing on the National Register of Historic Places as a traditional cultural property.
Arizona Lithium plans a total of 131 drilling sites across nearly a square mile (2.6 square kilometers) to obtain samples to help determine if there's enough lithium to construct a mine and extract the critical mineral needed to manufacture batteries for electric vehicles, among other things.
Justice Department lawyers representing the bureau said in court filings this week that any potential impacts of an actual mine would be determined by a more extensive environmental review. They said the tribe is exaggerating potential harm that could come solely from exploratory drilling.
“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, the government lawyers wrote.
“Further, an injunction would not be in the public interest because the project is an important part of the United States' green energy transition,” they said.
The bureau completed a formal environmental assessment of the project and issued a finding of “no significant impact” in June. On July 9, the bureau issued a final decision approving the drilling.
In court documents, Arizona Lithium referenced the “prodigious amount of resources” expended over three years to get federal authorization for the project, saying it worked with land managers to develop a plan that complied with federal regulations and considered the interests of the Hualapai Tribe, the environment and local residents.
The tribe says its homeland stretches from the Grand Canyon south and east toward mountain ranges near Flagstaff, Arizona.
The Ha’Kamwe' springs are 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 to 600 A.D.
“Today our people celebrate the granting of the temporary restraining order, but understand our fight is not over,” Hualapai Tribe Chairman Duane Clarke said in a statement Wednesday. “We will continue to bring awareness to the protection of our water.”
