Bureau of Land Management In August 2019, Lithium Americas lodged a Plan of Operations for its proposed
lithium clay mining development project with the
Bureau of Land Management (BLM), the federal mining regulator. In January 2020, the company announced the publication of a Notice of Intent to prepare an
Environmental Impact Statement for the Thacker Pass lithium project. On January 15, 2021, BLM issued their
Record of Decision approving the Thacker Pass Lithium Mine. Opponents of the mine claim the environmental review was rushed, because what is normally a multi-year review process was completed in less than a year. Other tribes were not consulted during the review process, leading the Burns Paiute Tribe and the Reno-Sparks Indian Colony to intervene in a lawsuit against the BLM and Lithium Nevada Corporation in July 2021. In early February 2021, a local rancher filed a lawsuit against the BLM over concerns about the project's water use. On February 26, 2021, four environmental non-profits (Western Watersheds Project, Great Basin Resource Watch, Basin and Range Watch, and Wildlands Defense) also filed a lawsuit challenging the BLM's permitting of the project, claiming threats to
sage grouse habitat, old growth sagebrush, golden eagle nests, endemic
springsnails, and Endangered Species Act–listed Lahontan cutthroat trout,
bighorn sheep, and
pygmy rabbits. These opponents of the mine have claimed that the review process was rushed and that the public input process was questionable. People of Red Mountain is not a
federally recognized tribe so it has no legal standing. The tribes are demanding consultation under the
Archaeological Resource Protection Act. The Fort McDermitt Tribal Council initially had a project engagement agreement with Lithium Americas but the council withdrew from that agreement and agreed to sue the Bureau of Land Management for violations of the
National Historic Preservation Act after a petition organized by the People of Red Mountain. This lawsuit was never filed. In July 2021, Chief United States District Judge
Miranda Du ruled that Lithium America may excavate archaeological trenches at the site, as the environmental groups could not show irreparable harm would be caused by the digging. The digging was less than 1/4 acre and was used to determine whether cultural artifacts exist within the proposed project area. In September 2021, Judge Du also ruled against tribes' claims that a historical massacre occurred in Thacker Pass and refused to grant their request for a preliminary injunction to stop excavation for cultural resources. She stated that while she found their spiritual distress persuasive, they did not show sufficiently specific irreparable harm. Judge Du also stated that "the evidence before the Court does not support [plaintiffs'] claims...the 1868 field notes do not show a massacre happened within the Project area." On October 5, 2021, Tribal lawyers filed a motion asking the judge to reconsider the opinion that the massacre did not occur at Thacker Pass. This motion was denied on November 8, and the judge stated: "the proffered newly discovered evidence is too speculative to support an irreparable harm finding". The Archeological Resources Protection permit, issued in September 2021, required additional approval and on December 16, 2021, the Bureau of Land Management signed off on the final Field Work Authorization allowing excavation work to proceed in Thacker Pass. On December 17, 2021, a letter was delivered to the people of Red Mountain notifying the group that Falk and co-counsel Terry Lodge planned on filing a motion to withdraw as attorneys on January 7, 2022, citing irreconcilable differences. On January 3, 2022, the Reno-Sparks Indian Colony, the remaining tribe represented in the lawsuit by Falk and Lodge, applied, that would have prevented the now fully permitted digging from going ahead. The stay pending the appeal was denied by Chief Judge Miranda Du of the
District Court of Nevada on January 12, 2022. On January 26, 2022, Falk, Lodge, and local counsel Julie Cavanaugh-Bill were formally granted withdrawal as attorneys for the People of Red Mountain. Cavanaugh-Bill also withdrew from representing the Reno Sparks Indian Colony. The next day, an article describing the acrimonious split, stated that the People of Red Mountain fired Falk because Falk and Wilbert, co-founders of 'Protect Thacker Pass', are also members of Deep Green Resistance (DGR), and there were concerns over DGR's beliefs about transgenderism. Further articles followed on the rift. On February 11, 2022, the
Winnemucca Indian Colony filed a motion to intervene in the lawsuits, claiming lack of consultation prior to the January 15, 2021
Record of Decision. The BLM's communications to the local tribes, including the Winnemucca Indian Colony began in 2019 according to court filings. The has been the center of a decades-long fight concerning its council's legitimacy, tribal membership eligibility disputes and legal cases involving the
Bureau of Indian Affairs, the tribal council and colony residents. On March 11, 2022, the
District Court of Nevada denied the Winnemucca Indian Colony's motion to intervene in the lawsuits. Judge Du ruled that the motion was untimely, prejudicial to other parties and that Winnemucca Indian Colony should have acted much sooner if they believed their interests might be adversely affected. In March 2022, a
magistrate judge ordered that if People of Red Mountain failed to obtain counsel by May 2, 2022, the court will recommend that their claims be dismissed. No new counsel had appeared before the court by that date, resulting in a magistrate judge issuing a Report and Recommendation to dismiss the group's claims without prejudice. On April 4, 2022, the Reno-Sparks Indian Colony and Burns Paiute Tribe dropped their appeal to the United States Ninth Circuit for reconsideration of previous preliminary injunction requests. In October 2022, the Fort McDermitt Paiute and Shoshone Tribe signed a
Community Benefits Agreement (CBA) with Lithium Americas establishing a collaborative framework and defining the long-term benefits for the tribe. The Fort McDermitt Paiute and Shoshone Tribe, are located north of Thacker Pass and the closest Native American community to the project. On February 6, 2023, U.S. District Judge Miranda Du denied the majority of the protestors claims leaving the way forward for mine construction to commence. Judge Du ruled that
BLM's outreach to local tribes "was reasonable and made in good faith based on the information
BLM had at the time it initiated consultation". An appeal was lodged against the ruling in the
9th Circuit Court with a subsequent emergency injunction denied requesting the halting of construction work pending the appeal. On February 16, 2023, the two tribes appealing the ruling, along with the Summit Lake Paiute Tribe, filed a new federal lawsuit alleging BLM withheld information and that the permitting process was flawed. On July 17, 2023, the
9th U.S. Circuit Court of Appeals denied the bid to block construction of the lithium mine, deferring to the expertise of the
Bureau of Land Management and the decision made by U.S. District Judge Miranda Du to allow construction to go forward. In November 2023, Judge Du dismissed the second lawsuit brought by the three tribes but left open the possibility of an amended filing, stating: "given that the Court has now twice agreed with Federal Defendants...and Plaintiffs did not vary their argument at all the second time...the Court is skeptical that Plaintiffs could successfully amend it. But skeptical does not mean futile". On 12 December 2023, the second case was dismissed with prejudice after the three tribes failed to submit an amended complaint within the required thirty days.
Nevada state environmental permits On February 25, 2022, the Nevada Division of Environmental Protection (NDEP) issued three permits for the Thacker Pass lithium mine. • Air Pollution Control Permit. • Water Pollution Control Permit. • Mining Reclamation Permit. Lithium Americas stated that these were the final state-level permits necessary for the project. The Water Pollution Control Permit, which only allows Lithium Nevada to mine above the water table, in March 2022 by an environmental group, Great Basin Resource Watch (GBRW), who filed an appeal with the Nevada State Environmental Commission (SEC). On June 28, 2022, the SEC five-member panel voted to affirm NDEP's approval of the Water Pollution Control Permit.
Federal eagle take permit On March 8, 2022, the
U.S. Fish and Wildlife Service published its
Record of Decision for Lithium Nevada Corporation's (LNC) Eagle Take Permit Application and Eagle Conservation Plan. The
Final Environmental Impact Statement (FEIS) found three occupied
golden eagle territories overlapping the project area and a fourth closely adjoining it. No eagle nests were found within the Thacker Pass mine project area, to LNC relating to noise disturbance in a territory encompassing Thacker Canyon. ==Protests==