Current plans to update our 152-year-old mining laws fail to redress centuries of mineral-extractive colonialism.

The first time I visited Peehee Mu’huh, mining for lithium had already begun.

I was there in the fall of 2023 as part of my work with People of Red Mountain, descendants of the Fort McDermitt Paiute-Shoshone Tribe who lead the movement against extraction on this sacred landscape. We gathered at the valley in northern Nevada, known as Thacker Pass, to commemorate the massacre of 31 Paiute-Shoshone people there by the U.S. Cavalry on Sept. 12, 1865.

Historic violence underlies the importance of Peehee Mu’huh, a site whose name means “rotten moon” in Paiute — a reference to the massacre. Yet the place’s spiritual significance to Great Basin Indigenous peoples runs deeper. They have long come here to hunt, gather food and medicine, workshop, fish, and sojourn for ceremony and family gatherings.

None of these connections were included in Tribal consultations for the Thacker Pass Lithium Mine — because, essentially, there were no consultations.

Sure, the government said it consulted the Tribes. As part of the standard environmental impact statement process — which is intended to mitigate ecological and cultural harms on Bureau of Land Management public lands — three local reservations each received a letter outlining the plans to mine lithium. Unfortunately this occurred during COVID-19 lockdowns when Tribal councils closed and many Tribal members were ill. Still, those unanswered letters were considered “input” by native community members on the 18,000-acre mine slated to produce electric vehicle batteries out of their ancestral homelands.

After that, a social movement emerged to challenge the lack of consent, affirm the significance of this space, and resist the sacrifice of Indigenous sacred landscapes to extract “energy transition minerals” like lithium — over 50% of which lie within Indigenous lands.

It was that movement that brought me to Thacker Pass.

On the first night after I arrived, the sun set to reveal a radiant orange-sorbet sky. Below our perch on the ridge, everyone could see miners scraping the surface and hear diesel trucks and engines droning ominously.

That winter I made further visits while producing a documentary with People of Red Mountain. Snow crunched underfoot as we took in the landscape changes: a pipeline siphoning water from Quinn River, electric lines, and ancillary facilities for the open-pit mine.

To picture the other major impact to come — a planned 1,300-acre waste dump — I would have to use my imagination.

Waste and the Courts

To dig up every pound of lithium, the mine will remove thousands of pounds of rock, soil, and other minerals, most of which will not be used and are considered waste.

That’s the secret of mining: It requires significant space to dump its byproducts.

Mine waste is no longer in the forefront for the environmental movement as it was when coal and nuclear power had their heyday, but it remains a key issue activists and scholars should be following. At Thacker Pass the 1,300 acres of wasteland will occupy the space indefinitely. Arsenic, antimony, and other hazards from the refining process to get lithium from the clay will pile up in this backfill pit and leach into the soils, watersheds, and air.

Efforts to handle the threat of mining waste like this seemed to improve for a brief stint a few years ago. In 2019 a federal appeals court ruled that Rosemont Copper Company, which was digging copper on U.S. Forest Service lands in Arizona, was required to prove the existence of minerals on all of the ground they covered, including an area sited for waste “tailings” dumps but under which they had not proven minerals. This would prevent them from dumping waste on nearby land not part of the actual mining. Having to prove the existence of minerals on land that would be used to dump mine waste became a cumbersome precedent for the industry.

An appeals court upheld that policy in 2022. Through these cases ambiguity in mining law was supposedly clarified, and a modest victory in halting the loss of Forest Service lands to mining seemed to have been won.

But eventually the Rosemont ruling turned out to be ineffectual: The company whose public-lands waste heap had been blocked simply moved its mine to another side of the mineral-rich area, this time on private land.

A federal judge found the Rosemont decision to be applicable in a 2023 appeals against the Thacker Pass Lithium Mine, but ultimately this held no sway. Citing Rosemont, the judge miraculously admitted that BLM had erred in permitting the 1,300-acre tailings area without verifying that the mine company had proven mineral resources underneath. Despite this the court refused to vacate the mine’s approval and assured Lithium Americas Corporation that the agency would patiently walk them through amending their claims to be compliant without stopping work. Mining that had been paused restarted.

The Need for Reform

So what did Rosemont, supposedly the “most significant federal court decision on mining in decades,” amount to? Nothing substantial. Yet Rosemont is still widely reported as a critical, threatened precedent. This shows the need not only for better information about mining (more minerals, and a broader variety of them, are used in renewables), but also for mining reform. It illustrates that we must pay attention to the landscapes being sacrificed in a “just transition” from fossil fuel energy and transportation.

A new bill before Congress aims to strip away even the baby-steps reform of Rosemont. The Mining Regulatory Clarity Act (HR2925) passed the House in May and awaits Senate approval (S1281). One would assume a bipartisan effort with such a name would offer progress, but the bill guts Rosemont by removing the requirement of claimants to prove minerals before using and dumping waste on public land.

A competing bill, the Green Energy Minerals Reform Act, would introduce requirements such as paying mineral royalties and funding cleanup — basic protections that should have already been in force. Congress held hearings about this proposed legislation in late 2023, but it has not moved forward since.

Colonialism Run Amok

Historically miners have faced minimal oversight. Any individual could venture onto public lands and stake a claim to the minerals they contained — rights to occupy the land were established merely by proving a mineral’s presence and getting there first. Unlike loggers on public land, miners don’t pay any royalties; mine leases on public lands cost as little as $3 dollars per acre.

You might be forgiven for thinking this scenario sounds like something out of the 1800s prospector and ‘49ers era — and in fact, it is. Mining law was last meaningfully legislated under the 1872 General Mining Act.

Just as with the Black Hills gold rush in the Dakota Territory and those in Oregon and California, mine fervor during the gold and silver rushes that white settlers led on the red-colored mountains of Paiute-Shoshone lands in the 1850s-60s was violent and met by Indigenous resistance.

That resistance was crushed. Many noncombatants were killed and others forcibly displaced to Washington; the destruction continued for decades and hasn’t stopped yet.

Today the land base of the Paiute, Shoshone, and Bannock peoples of the area — collectively known as Atsawkoodakuh wyh Nuwu or Red Mountain Dwellers — is permeated by both abandoned and active mines. Gold and tungsten mining waned in the early to mid-1900s, but then companies started extracting uranium and mercury at the McDermitt and Cordero mines across the road from Fort McDermitt. According to Department of the Interior archives, this was the nation’s largest mercury mine from the 1930s to the 1970s. After the Cordero mine closed, crews spread arsenic-contaminated waste from the mine around the town and reservation as a fill dirt. The region was later declared a Superfund site, and the contaminants were removed between 2009 and 2013.

But the toxic waste caused decades of harm in the community before that removal. In a brazen environmental injustice, many Tribal members who worked there perished of cancer. Sunoco and Barrick Gold, the companies that exploited the quicksilver lode, simply “declined” the EPA’s order to clean up the area and escaped culpability.

Now the sacred landscape of Peehee Mu’huh will become the country’s largest lithium bounty.

In an attempt to distance themselves from past mining injustices, spokespeople for Lithium Nevada Corporation present a new story, saying they use mitigation and undertake community engagement. In a June 2023 appeal hearing, they even claimed that, after mitigation, only five acres of the 17,933-acre project area would have “permanent disturbance for wildlife and habitat.” Indeed, they would leave a “net conservation gain” using the state’s conservation credit scheme.

But far from bringing a “gain,” this will devastate local ecology. Scientists have documented that greater sage grouse (Centrocercus urophiasanus) live in the area and return to their mating grounds, or leks, in the same spot. Once that land is gone, the birds are gone. Plans to reseed native plants or number-crunch to make habitat materialize on paper cannot change that fact. As scholars have shown, theoretical (i.e. empty) habitat is not the same thing as a population, but the system for healing post-mine lands mandates such scams to justify ecosystem destruction.

Due to livestock production, sprawling car-centered urbanization, and other factors, the sagebrush steppe biome is one of the most threatened ecosystems in the western United States. Near-threatened species like greater sage grouse and Lahontan cutthroat trout (Oncorhynchus clarkii henshawi) face encroachments and irreversible change.

Meanwhile the McDermitt Caldera, the extinct volcanic hotspot where Peehee Mu’huh rests, now contains four more proposed lithium and uranium mines. Whether these resources will enact a profound cut in fossil fuel pollution remains to be seen.

What is easy to envision, however, is mining that continues wiping out carbon-sequestering sagebrush, the further suppression of mass transit by the fossil-fuel lobbies, and the dominance of cars. Last year General Motors invested $650 million in Thacker Pass, surpassed by the Department of Energy’s $2.26 billion loan to the mine company in March. The People of Red Mountain face new barriers and constrictions on their own homeland at the expense of EV-mobility for well off consumers afar.

Moving Forward

The social movement has shifted toward broadly protecting McDrmitt Caldera as a cultural landscape and critical habitat, as well as supporting the creation of a nearby Owyhee Canyonlands National Monument to pause new extraction in the northern stretch of Paiute-Shoshone lands.

Yet the proposed national monument — like other Forest Service, designated wilderness areas, and even national park lands — does not ban extraction outright. The proposed monument boundary also excludes McDermitt Caldera, where sage grouse dance on their mating grounds and Lahontan cutthroat trout swim through the canyon streams.

Conservation easements are one option that may bring more land into Tribal resource management and protection. Another key method to protect sacred landscapes is for all entities to respect Tribes’ consent — and fundamental right — to accept or decline development projects on their lands, per the United Nations Declaration on the Rights of Indigenous Peoples.

Perhaps what’s needed at a broader scale is awareness that Indigenous peoples are guardians of biodiversity. Mining and car companies are unlikely to lead the way to equitable, low-emissions futures since they focus on profit. We must reconnect the struggle for climate justice in our atmosphere to the quest for Indigenous land rights on the ground.

Left unchecked, colonial extraction patterns will undermine a “just transition,” leading instead to an unjust continuation of familiar forms of environmental oppression.

Originally published on The Revelator.