Judge Upholds Lithium Drilling Moratorium, Securing Victory for Hualapai Tribe

A federal judge has extended a temporary pause on exploratory drilling for a lithium mining project near the sacred site of the Hualapai Tribe. The decision comes after a court determined that the likelihood of irreparable harm from the drilling is significant.

Judge Diane Humetewa acknowledged the importance of lithium exploration in supporting the United States’ transition to renewable energy. However, she emphasized that this public interest does not outweigh the potential damage to Ha’Kamwe’, a site central to the Hualapai Tribe’s cultural practices. She stated that federal agencies must adhere to their regulatory obligations and properly assess the project’s environmental impacts.

The Big Sandy Valley Lithium Exploration Project, which is being pursued by a subsidiary of an Australian mining company, would allow for drilling at over 100 sites on Bureau of Land Management (BLM) land surrounding Hualapai cultural properties, including the sacred medicinal spring, Ha’Kamwe’.

For years, the Hualapai Tribe has expressed concerns about the project to the BLM. Despite their efforts, the agency maintained that any disruptions would be temporary and did not warrant blocking the project. Ka-voka Jackson, director of the Hualapai Department of Cultural Resources, commented on the court’s decision, expressing satisfaction and a sense of validation for the tribe’s ongoing concerns.

Jackson further emphasized the tribe’s commitment to safeguarding sacred locations and essential resources for future generations. “It feels like we’re being heard,” she stated. The court issued a preliminary injunction on November 5, halting all drilling as the Hualapai Tribe’s lawsuit proceeds.

Laura Berglan, a senior attorney for Earthjustice representing the tribe, noted that while the ruling does not resolve the case, the judge’s acknowledgment of the threat posed by the drilling to the tribe’s resources is encouraging. She criticized BLM for failing to consider alternatives with less impact on Ha’Kamwe’, advocating for more stringent reviews of such projects.

This latest ruling follows an August decision where Judge Humetewa granted the tribe a temporary restraining order against BLM, freezing the exploration project amid ongoing legal challenges. Hualapai Tribal Chairman Duane Clarke expressed a deep sense of relief but recognized that the fight to protect their sacred waters continues.

Ha’Kamwe’ resides within the Hualapai Tribe’s property known as Cholla Canyon Ranch and holds recognition as a traditional cultural property, eligible for the National Register of Historic Places. The lawsuit claims violations of the National Environmental Protection Act and the National Historic Preservation Act due to inadequate consideration of alternatives and a lack of mitigation measures in the project’s approval.

Throughout the planning phase of the Big Sandy Valley Lithium Exploration Project, the Hualapai Tribe actively participated by submitting public comments and expressing concerns. Big Sandy, Inc., a subsidiary of Australian mining company Arizona Lithium, leads the initiative and has sought project approval since 2019. Although Arizona Lithium is not a direct party in the lawsuit, it has filed a motion to intervene, which the judge permitted in August, allowing the company to defend itself against the tribe’s legal actions.

BLM’s approval allows for drilling at up to 131 exploration sites across 21 acres of public land to evaluate the feasibility of a full-scale lithium mining operation.