Tribe sues Interior Department over approval of Arizona lithium project

The Hualapai Nation sued the U.S. Bureau of Land Management on Friday over its approval of a lithium exploration project near Wikieup, Arizona, alleging that the federal agency failed to properly assess the project’s potential impact on a local aquifer that feeds a nearby spring considered sacred to the tribe.

The lawsuit is the latest in a series of legal actions taken by tribes as mining companies propose new projects to extract minerals critical to the energy transition, and the mines threaten tribal communities and lands important to their cultures, traditions and histories. The nation, especially the Western states where vast swaths of federal land remain open to mining, has seen a boom in new proposals to mine minerals such as lithium, a soft, silvery metal used in batteries that power electric vehicles and store solar and wind energy. But projects to mine these critical minerals can come at the expense of the landscapes, water resources, air quality and wildlife that rural and indigenous communities depend on, studies have shown, often leading them to oppose the projects.

“The tribe recognizes that some extraction will be necessary to transition to a renewable economy, but it cannot come at the expense of tribal communities,” said Laura Berglan, a senior staff attorney at Earthjustice representing the tribe in the lawsuit. “The tribe has relied on the spring since time immemorial. It is significant, sacred and important to the tribe, and really, at the very least, the federal government should not be approving such extensive drilling into the aquifer without considering the serious impacts it would have on them.”

On June 6, Arizona Lithium, the company behind the Big Sandy project, received approval from the BLM to drill 131 exploration wells for lithium on federal land overseen by the agency adjacent to Cholla Canyon Ranch, which is held in trust by the tribe and home to sacred hot springs known as Ha’Kamwe’. The exploration wells would drill more than 300 feet into the earth, posing a risk of breaching the aquifer that feeds the springs. Exploration drilling is done so companies can determine whether mining is feasible in a given location. The project developer then develops a detailed plan for extracting the mineral.

“There are boreholes right on the property line, so it’s basically just yards from our spring and well, which are part of the property,” said Ka-Voka Jackson, director of the Hualapai Cultural Resources Department and Tribal-Historic Preservation Officer. Jackson said Ha’Kamwe’ is a key site for the tribe’s culture and spirituality because it is evident in their songs and oral histories, and remains a place for healing ailments, providing spiritual cleansing and prayer. “There’s no substitute for that,” she said.

Preparation work for drilling began this week, Jackson said, and her department has two observers monitoring the operation. Drilling is expected to begin next week.

Over the years, the Hualapai have communicated their concerns to the BLM about the potential harm the project could cause to Ha’Kamwe’, from impacts to the water supply at the spring to disruption of the natural landscape in the immediate area. In their communications, the tribe has pointed to the area’s status as a traditional cultural property, where federal agencies are required under Section 106 of the National Historic Preservation Act to evaluate the impacts of development projects and mitigate or avoid any adverse effects. Throughout the permitting process, the Advisory Council on Historic Preservation, the agency that oversees compliance with the NHPA, submitted comments supporting the tribe’s arguments.

The agency’s final environmental impact assessment found that drilling would cause some visual and auditory disturbances and suggested ways to mitigate them. However, it said it would not affect the spring’s water supply.

In its lawsuit, the tribe disputes that claim, arguing that the BLM relied on outdated studies of the aquifer and ignored evidence the tribe presented showing that drilling could affect springs, including a study commissioned by the tribe that found drilling could affect flows to Ha’Kamwe’. A BLM spokesman declined to comment, citing the ongoing litigation. Arizona Lithium did not respond to a request for comment.

The impact of lithium mining on local water supplies has increasingly been at the center of mining disputes around the world, with the projects posing a threat to both the quantity and quality of water supplies. Jackson said the Ha’Kamwe’ tribe is not only concerned that drilling would reduce flows to the spring, but also affect its temperature. Ha’Kamwe’ means warm spring, and the change in temperature would affect the characteristics of the site that have contributed to its sacredness, she said.

Beyond the water itself, the entire Big Sandy Valley could be affected by continued mining activity, Jackson said. The Hualapai are land-based people, and the land they live on is deeply interwoven with their culture and beliefs. The sites and sounds of nature “play a big part in our spirituality,” she said, and impacting them also “takes away from the sacredness and meaning of the area.”

“There are people buried there. There are a lot of really significant resources there, a lot of significant events in Hualapai history, and it all happens in the Big Sandy Valley,” Jackson said. “So for us, it’s a place that we hold in high regard, that we consider sacred, and that people have a lot of personal, emotional and historical connections to.”