Deborah Archer President at American Civil Liberties Union | Official website
The U.S. government's approval of the Thacker Pass lithium mine in Nevada has been criticized by Human Rights Watch and the American Civil Liberties Union for allegedly violating Indigenous people's rights. The organizations released a report today claiming that the Bureau of Land Management allowed the mining project without obtaining the free, prior, and informed consent of Indigenous tribes connected to the land.
The report titled "The Land of Our People, Forever" highlights concerns from at least six tribes related to religious, cultural, and ancestral land rights violations. Abbey Koenning-Rutherford from ACLU and Human Rights Watch emphasized that mineral extraction necessary for reducing fossil fuel dependence should respect Indigenous peoples' rights.
Research conducted between September 2023 and January 2025 included interviews with community members and analysis of various sources like litigation records and environmental maps. It underscores that while lithium is vital for renewable energy technologies, its extraction should not compromise Indigenous rights—a stance supported by an October 2024 United Nations panel statement.
Although the Bureau of Land Management approved the mine on January 15, 2021, their consultation with tribes was limited to mailings to three Tribal governments. Despite opposition from several Tribal governments, companies involved—Lithium Americas and General Motors—proceeded with development. Some tribes' legal challenges were dismissed in court.
The construction at Thacker Pass has restricted access for Numu/Nuwu and Newe people to parts of Peehee Mu’huh. Concerns extend beyond cultural impacts; there are fears about health risks and environmental degradation tied to mining activities.
Gary Mckinney from People of Red Mountain pointed out historical grievances linked to mining practices on tribal lands, referencing broken treaties and past government actions that facilitated land degradation.
Under current U.S. law rooted in the outdated 1872 mining law, protections for Indigenous ancestral lands are minimal outside reservations. This legislation partly enabled the Thacker Pass permit process.
Koenning-Rutherford warned that projects like Thacker Pass illustrate potential threats unless mineral extraction respects Indigenous connections to lands such as Peehee Mu’huh. The report urges halting construction until all impacted tribes consent freely, revising mine permit processes per international standards, and reforming relevant laws based on interagency recommendations made in 2023.
