Judge Halts Arizona Lithium Drilling Amid Hualapai Tribe’s Sacred Land Concerns

On behalf of the Hualapai Tribe, lawyers for the national environmental group Earthjustice and Colorado-based Western Mining Action Project are suing federal land managers for illegally approving an Australian mining company’s lithium drilling project. 

The project was pitted to begin production in the Big Sandy River Basin in northwestern Arizona, but a federal judge has opted to side with the lawyers and environmentalists to halt exploratory drilling on this religious and culturally significant land.

U.S. District Judge Diane Humetewa issued a temporary restraining order, as indicated in court filings, halting Arizona Lithium Ltd.’s drilling activities. The judge’s decision will remain in effect until an upcoming hearing in Phoenix on Sept. 17, where initial arguments will be presented by the Hualapai Tribe, Arizona Lithium Ltd., and the Bureau of Land Management (BLM).

The Hualapai Tribe is seeking a preliminary injunction to extend the prohibition on the project, asserting that the federal approval process for exploratory drilling violated both the National Historic Preservation Act and the National Environmental Policy Act.

According to the tribe, the BLM failed to adequately assess the potential damage to Ha’Kamwe,’ sacred springs central to Hualapai culture for generations, used for healing and prayer.

Both the tribe and environmental groups contend that a 2002 environmental review conducted by the BLM and the U.S. Department of Energy had identified the land as eligible for inclusion on the National Register of Historic Places as a traditional cultural property.

Arizona Lithium’s proposed drilling includes 131 exploratory sites over nearly a square mile to assess the feasibility of lithium mining, which would be crucial for the production of batteries used in electric vehicles.

Lawyers from the Department of Justice, representing the BLM, argued that the tribe’s claims of harm are exaggerated, as the project only involves exploratory drilling and that any potential impacts from an actual mining operation would be subject to a more thorough environmental review. They emphasized the importance of the project to the U.S. transition to green energy and opposed further delays.

The BLM, after conducting an environmental assessment, concluded in June that the project would have “no significant impact.” The agency’s final decision approving the drilling was issued on July 9.

Arizona Lithium has highlighted its compliance with federal regulations, stating that the company has worked extensively with land managers to ensure the project addresses the concerns of the tribe, the environment, and local residents.

The Hualapai Tribe’s ancestral homeland extends from the Grand Canyon southward toward Flagstaff, Arizona. The Ha’Kamwe’ springs, located in Cholla Canyon, are held in trust for the tribe and have archaeological evidence of Hualapai presence dating back to 600 A.D.

Hualapai Tribe Chairman Duane Clarke expressed cautious optimism after the restraining order, noting, “Today our people celebrate the granting of the temporary restraining order, but understand our fight is not over.” He emphasized the tribe’s continued commitment to protecting their water resources, furthering the recent efforts from many tribes nationwide for water rights, “We will continue to bring awareness to the protection of our water.”

In recent news, 12 bills related to tribal water rights and settlements were recently discussed to secure water rights for the Tule River tribe, the Blackfeet tribe, the Navajo Nation, the Hopi tribe, San Juan, the southern Paiute tribe, the Apache tribe, and the Crow tribe. These efforts by the Hualapai Tribe are just another fight for tribal water rights that must be done to ensure that the water of our indigenous people is respected.