abusesaffiliationarrow-downarrow-leftarrow-rightarrow-upattack-typeburgerchevron-downchevron-leftchevron-rightchevron-upClock iconclosedeletedevelopment-povertydiscriminationdollardownloademailenvironmentexternal-linkfacebookfiltergenderglobegroupshealthC4067174-3DD9-4B9E-AD64-284FDAAE6338@1xinformation-outlineinformationinstagraminvestment-trade-globalisationissueslabourlanguagesShapeCombined Shapeline, chart, up, arrow, graphLinkedInlocationmap-pinminusnewsorganisationotheroverviewpluspreviewArtboard 185profilerefreshIconnewssearchsecurityPathStock downStock steadyStock uptagticktooltiptwitteruniversalityweb

这页面没有简体中文版本,现以English显示

法律诉讼

2021年1月1日

Bureau of Land Management lawsuit (re approval of Lithium Nevada's mine, USA)

状态: CLOSED

提诉日期
2021年1月1日
日期准确度
年份正确
不适用
小区, 原住民, 人权捍卫者, Individual
申诉地点: 美国
事发地点: 美国
诉讼类型: Domestic

企业

Bangchak Corporation 泰国 可再生能源, 油、气、煤
Gangfeng Lithium 中国 天然资源:一般, 采矿

Against other:

Government

Sources

Snapshot Box

In early 2021 environmentalists, Native American tribes and a rancher filed a lawsuit to block Lithium Nevada’s construction of an open pit lithium mine in the Nevada desert to produce raw materials for electric vehicle batteries. They allege that the construction of the mine would negatively impact the local environment and cultural values of Native American tribes. In March 2023, the 9th Circuit Court of Appeals denied an emergency injunction filed in 2023, and the construction of the mine is now underway. 

Factual Background 

The desert area near the Nevada-Oregon border is home to the third largest known lithium deposit in the world. Lithium Nevada, a subsidiary of Lithium Americas, seeks to construct a 5,000-acre open-pit lithium mine to produce raw materials for electric vehicle batteries. Lithium Nevada claims that the mine could produce lithium for over 1.5 million electric vehicles per year for 40 years. Production from the mine is expected to begin by late 2026. The company has already invested over $150 million in the project.

Opponents to the mine (environmentalists, Native American tribes and a rancher) assert that it would harm the local environment and wildlife. Native American tribes claim the mine would harm sacred cultural values given its proximity to a site where dozens of Native people were killed in 1865. Opponents also argue Lithium Nevada is greenwashing the mining project by focusing on the mine’s contribution to renewable energy while disregarding the local environmental impacts. The company and federal government meanwhile argue that the mine is essential to quickly moving away from fossil fuels and investing in green energy, and that the emergency filings undermine efforts to fight climate change.

Legal Argument

Opponents of the mine argue that the Interior Department’s Bureau of Land Management illegally approved the mine’s construction plan without sufficient environmental review to expedite lithium extraction for renewable energy sources, namely electric car batteries. They also argue the project violates environmental laws.

Native American tribes have joined the lawsuit, stating that the Bureau of Land Management approved the mine without their free, prior, and informed consent, violating their rights to religion, culture, and ancestral lands. Multiple tribes have ties to Thacker Pass, and they argue the site contains the remains of their ancestors and should not be disturbed.

Legal Proceedings 

In early 2021, a rancher filed a lawsuit at the US District Court in  Nevada seeking to block Lithium Nevada’s construction of an open pit lithium mine in the Nevada desert. This suit, as well as others brought by environmentalists and Native American tribes, were consolidated into one at the US District Court.

The Interior Department’s Bureau of Land Management’s approved the company’s plan for the mine in January 2021 during the final days of the Trump Administration. In early February 2023, US District Judge Mirando Du ruled that the Department’s approval of Lithium Nevada’s plan for the mine conformed with federal law. The opponents argued the project should not be allowed per an 1872 law and 2022 ruling out of the 9th Circuit allowing mining of valuable metals to occur on federal land, but not other mining-associated practices like the disposal of rocks.  Judge Du balanced the immediate environmental harms with the longer-term climate impacts, finding the latter took precedence. However, the Judge also asked the Bureau of Land Management whether Lithium Nevada has the right to dispose of mine waste on 1,300 acres of nearby land.

In February 2023, three Native American tribes filed an emergency motion at the 9th Circuit Court of Appeals to prevent the mining project from moving forward. They argued the Bureau of Land Management withheld critical information from the Nevada State Historic Preservation Office and misrepresented the extent to which it consulted local tribes about the project. Additionally, the tribes asserted the Bureau violated the Federal Land Policy Management Act, the National Historic Preservation Act, and the National Environmental Policy Act. The Court denied this request, and the mine’s construction began in early March 2023. The Court did not explain why it rejected the emergency injunction.

Lithium mine wins appeal; construction underway, 5 March 2023, Nevada Appeal

Three tribes file new lawsuit challenging Thacker Pass lithium mine, 21 February 2023, Nevada Current

Thacker Pass lithium mine clears most legal challenges, minus a judge ordered waste rock review, 7 February 2023, Nevada Current

时间线

隐私资讯

本网站使用 cookie 和其他网络存储技术。您可以在下方设置您的隐私选项。您所作的更改将立即生效。

有关我们使用网络存储的更多信息,请参阅我们的 数据使用和 Cookie 政策

Strictly necessary storage

ON
OFF

Necessary storage enables core site functionality. This site cannot function without it, so it can only be disabled by changing settings in your browser.

分析 cookie

ON
OFF

您浏览本网页时我们将以Google Analytics收集信息。接受此cookie将有助我们理解您的浏览资讯,并协助我们改善呈现资讯的方法。所有分析资讯都以匿名方式收集,我们并不能用相关资讯得到您的个人信息。谷歌在所有主要浏览器中都提供退出Google Analytics的添加应用程式。

市场营销cookies

ON
OFF

我们从第三方网站获得企业责任资讯,当中包括社交媒体和搜寻引擎。这些cookie协助我们理解相关浏览数据。

您在此网站上的隐私选项

本网站使用cookie和其他网络存储技术来增强您在必要核心功能之外的体验。