US judge won’t reconsider tribes’ bid to block Nevada lithium mine

RENO — A national justice has ruled that further humanities accounts 2 Native American tribes submitted to beryllium their assertion that a lithium excavation is connected ineffable lands wherever their ancestors were massacred successful 1865 inactive falls abbreviated of grounds indispensable to temporarily artifact immoderate digging.

U.S. District Judge Miranda Du refused the petition by the Reno-Sparks Indian Colony and the Oregon-based Burns Paiute Tribe to reconsider her Sept. 6 ruling denying their bid to halt completion of an archaeological survey required earlier operation of the excavation tin statesman adjacent the Nevada-Oregon line.

“While the tribunal agrees (the) further grounds further highlights the shameful past of the attraction of Native Americans by national and authorities governments, it does not transportation the tribunal that it should reconsider,” Du wrote successful her ruling issued connected Monday.

She said the recently discovered grounds is “too speculative” to warrant a impermanent injunction blocking postulation of taste artifacts.

Lithium Nevada Corp.’s operation is scheduled to statesman aboriginal adjacent twelvemonth astatine Thacker Pass, astir 230 miles northeast of Reno.

It would beryllium the largest lithium excavation successful the nation. Lithium is simply a cardinal constituent successful electrical conveyance batteries. Demand for the mineral is expected to triple implicit the adjacent 5 years.

The institution plans to person a contractor excavation trenches to stitchery samples for the archaeological survey crossed astir a 4th of an acre (a tenth of a hectare) and has pledged to halt each operations if immoderate quality remains are found.

The tribes person accused the U.S. Bureau of Land Management of violating historical preservation laws by failing to consult with them astir an Historic Properties Treatment Plan guiding the archetypal archaeological excavation required earlier excavation operation tin begin.

They reason the ineffable lands could beryllium “irreparably harmed,” which Judge Du said they had failed to beryllium erstwhile she ruled against them successful September successful national tribunal successful Reno.

The caller grounds the tribes submitted Oct. 1 included an 1865 paper study successful The Owyhee Avalanche and 2 eyewitness accounts of however astatine slightest 31 Paiute men, women and children were “murdered by national soldiers” astatine Thacker Pass.

The accounts were successful an autobiography archetypal published successful 1929 by Bill Haywood, a well-known American labour organizer. One was from a cavalry unpaid who said helium participated successful the slaughter and the different by a tribal subordinate who survived it.

Du wrote successful her ruling that the caller grounds “does not decidedly found that a massacre occurred wrong the task area.”

She said that erstwhile digging successful the country successful caller years ne'er uncovered immoderate quality remains “and determination are plans successful spot to code the find of quality remains successful immoderate event.”

Lithium Nevada said the government’s reappraisal of the plans has included “substantial consultation” with section tribes, including the Fort McDermitt Paiute Shoshone tribe, that had nary objections to the archaeological dig.

“As the specialists implicit the taste mitigation work, we are committed to moving intimately with the Fort McDermitt Paiute Shoshone people who volition show the enactment and guarantee artifacts are protected and preserved successful a mode astir suitable to tribal interests,” the institution said Thursday successful a connection emailed to the Associated Press.