Protect Thacker Pass Campaign Timeline

January 15, 2021 — Due to “fast-tracked” permitting under the Trump Administration, the Bureau of Land Management releases a Record of Decision approving the Thacker Pass mine less than a year after beginning the Environmental Impact Statement process. On the same day, Max Wilbert and Will Falk established the Protect Thacker Pass camp.

February 11, 2021 — Local rancher Edward Bartell files a lawsuit (Case No. 3:21-cv-00080-MMD-CLB) in U.S. District Court alleging the proposed mine violates the Endangered Species Act by harming Lahontan Cutthroat Trout, and would cause irreparable harm to springs, wet meadows, and water tables.

February 26, 2021 — Four environmental organizations (Basin and Range Watch, Great Basin Resource Watch, Wildlands Defense, and Western Watersheds Project) file another lawsuit (Case No. 3:21-cv-00103-MMD-CLB) in U.S. District Court, alleging that BLM violated the National Environmental Policy Act, Federal Land Policy Management Act, and other laws in permitting the Thacker Pass mine.

April 2021 — Lithium Nevada holds multiple community meetings in Orovada and McDermitt, and at these meetings their representatives lie and mislead community members repeatedly.

June 24, 2021 — The National Congress of American Indians (NCAI), the oldest and largest national organization of American Indian and Alaska Native tribal governments, calls on the Department of the Interior to rescind the permits for the Thacker Pass project.

Spring and Summer 2021 — Rallies, protests, and prayer runs take place in Orovada, Winnemucca, Reno, Carson City, and at Thacker Pass. More than 100 mine opponents gather at Thacker Pass to commemorate the 156-year anniversary of a September 12, 1865 massacre of at least 31 Northern Paiute men, women, and children committed by the 1st Nevada Cavalry. Thousands of people visit the site.

July 19, 2021 — The Reno-Sparks Indian Colony and Atsa koodakuh wyh Nuwu (People of Red Mountain) files a successful motion to intervene in Federal District Court (Case No. 3:21-cv-00080-MMD-CLB) alleging that the Bureau of Land Management (BLM) violated the National Historic Preservation Act (NHPA) in permitting the planned lithium mine. Attorney Will Falk represents them.

August 2, 2021 — Burns Paiute Tribe files a motion to intervene on the side of tribal plaintiffs (Case No. 3:21-cv-00080-MMD-CLB).

September 15, 2021 — Bureau of Land Management accuses Will Falk and Max Wilbert of trespass for providing bathrooms to native elders at Thacker Pass, fining them $49,890.13.

October 8, 2021 — Eighteen native elders from three regional tribes request a BLM permit for their ceremonial camp. The BLM does not respond. The initial protest camps are dismantled shortly afterwards due to further BLM threats.

November 29, 2021 — The Reno-Sparks Indian Colony files an amended complaint in federal court alleging major previously unknown violations of the law. In January, Judge Miranda Du rejects the amended complaint because she wants to make a final decision on the case within a few months (the case would continue for another 14 months).

February 11th, 2022 — Winnemucca Indian Colony files a motion to intervene in the lawsuit on the side of plaintiffs, claiming that BLM’s contention that they consulted with the Tribe is completely false. Judge Du rejects this motion shortly afterwards with the same reasoning used above.

April 4th, 2022 — Reno-Sparks Indian Colony files a Motion for Discovery Sanctions alleging that the BLM has been disobeying court orders and making “reckless, false statements” in a deliberate attempt to abuse the justice system and limit judicial oversight. Judge Du agrees with RSIC, but rejects the motion on a technicality.

August 2022 — BLM “discovers” five new historic sites at Thacker Pass and for the first time acknowledges the September 12, 1865 massacre took place, more than a year after being informed of this by the tribes, but continues to reject tribal expertise.

September 2022 — Lithium Nevada Corporation begins digging up portions of Thacker Pass for “bulk sampling” despite consultation still being ongoing between the Bureau of Land Management and regional tribes over cultural sites. Tribes refer to this as a desecration.

October 2022 — Dozens of mining activists from four continents visit Thacker Pass as part of the Western Mining Action Network biennial conference.

January 5, 2023 — Will Falk presents legal arguments on behalf of the Reno Sparks Indian Colony along with attorneys for the four environmental groups, Burns Paiute Tribe, and rancher Ed Bartell, at a hearing in Reno, Nevada, presided by Judge Du. The Judge said she will announce her decision in the case “in a couple of months”.

January 31, 2023 — General Motors Corporation (GMC) announces a $650m equity investment in Lithium Americas Corporation (LAC) for exclusive access to battery raw materials in Phase 1 of the mine project. GMC will use lithium carbonate from Thacker Pass Lithium Mine Project in Ultium battery cells.

February 6, 2023 — The original lawsuits against the project conclude. Judge Miranda Du rules largely against the four environmental groups, local rancher, and two Native American tribes who filed the original cases, but orders BLM and Lithium Nevada to review certain aspects of permitting.

February 16, 2023 — A new lawsuit is filed by three Native American Tribes against the Bureau of Land Management over the Thacker Pass lithium mine. The lawsuit asserts that the BLM has violated the Federal Land Policy Management Act, the National Historic Preservation Act, and the National Environmental Policy Act, and is also guilty of Breach of Contract, and contains major new claims not heard in the original case.

February 22, 2023 — BLM approves Lithium Nevada Corporation’s bond, authorizing them to begin full-scale construction of the Thacker Pass lithium mine.

February 23, 2023 — The following day, BLM informs tribes that it is now accepting their contention that Thacker Pass is eligible for listing under the National Historic Preservation Act as a “Traditional Cultural District.” Given that they authorized the full-scale destruction of the site the day prior, the recognition is meaningless — a slap in the face.

February 27, 2023 — Environmental groups appeal their original lawsuit (Case No. 3:21-cv-00103-MMD-CLB) to the 9th Circuit Court of Appeals.

March 1, 2023 — Tribes file an emergency motion for temporary restraining order and preliminary injunction in Case 3:23-cv-00070-MMD-CLB.

Spring 2023 — Clearing begins at Thacker Pass. Thousands of acres are bulldozed during bird nesting season as the company begins installation of a water line and site preparation.

April 25, 2023 — Native elders and supporters hold a day-long prayer ceremony and successfully stop construction at the Thacker Pass Lithium Mine site. Water protectors climb on equipment and Lithium Nevada workers leave.

May 11, 2023 — Native elders and supporters erect a tipi and begin a prayer ceremony to protect the water and land at the Thacker Pass Lithium Mine site, calling the new camp the Ox Sam Camp (Newe Mogonee Momokonee, “Indian Women’s Camp”). The camp would remain for nearly a month.

May 23, 2023 — Reno-Sparks Indian Colony, Burns Paiute Tribe, and Summit Lake Paiute Tribe appeal Judge Miranda Du’s March 18th denial of their emergency motion seeking to halt mine construction to the United States Court of Appeals for the Ninth Circuit.

May 24, 2023 — Lithium Nevada Corporation files a civil lawsuit with characteristics of a SLAPP suit (a “Strategic Lawsuit Against Public Participation”) against Protect Thacker Pass, the organization’s co-founders Max Wilbert and Will Falk, as well as five other water protectors: Paul Cienfuegos, Bethany Sam, Dorece Sam, Dean Barlese, and Bhie-Cie Zahn-Nahtzu in Humboldt County Court. The suit aims to bar them from the area and force them to pay monetary damages that could total millions of dollars. The named parties will face felony charges if they return to the site.

June 8, 2023 — Ox Sam Camp is raided by police and dismantled. One young Diné woman is arrested. Ceremonial objects are desecrated as land defenders flee into the hills.

June 27, 2023 — Oral arguments are heard in the United States Court of Appeals for the Ninth Circuit in Pasadena, California in appeals brought in the Bartell Ranch v. McCullough case.

July 17, 2023 — The United States Court of Appeals for the Ninth Circuit in Pasadena denies all appeals, ruling that the government didn’t violate federal environmental laws while permitting the mine.

Summer 2023 — In Argentina, where Lithium Americas Corporation co-owns another lithium mine under the name Minera Exar, mass protests among emerge against lithium mining. Kolla and Guaraní indigenous people say a new constitutional change “empowers private landowners to evict them … in a context of increased disputes over land rights regarding the extraction of lithium by multinational corporations.” Amnesty International and a dozen human rights organizations demand the suspension of these new laws, noting that police have attacked protesters with “excessive use of force, indiscriminately using rubber bullets, tear gas and physical violence.” Eager to distance themselves from troubling human rights concerns, protests, worker deaths and Chinese connections that may impair access to government funding, Lithium Americas decides to split into two companies — one focused in Argentina, the other in North America. 

March 11, 2024 — Nevada District Judge Michael R. Montero rejects Lithium Nevada Corporation’s claims that protesters being sued by the mining company engaged in unjust enrichment by writing online messages encouraging supporters to donate, ruling that these messages are “protected speech under the First Amendment.”

March 18, 2024 — Protect Thacker Pass releases a comprehensive report, “How Mining Hurts Communities.”

March 26, 2024 — Thacker Pass Protectors File First-Ever “Biodiversity Necessity Defense” in Humboldt County Court in response to the May 24th, 2023 lawsuit.

Summer 2024 — Rumors circulate that bones (possibly human) bearing ancient carvings were discovered at Thacker Pass, but their discovery was hidden.

July 2, 2024 — The Department of Energy (DOE) informs tribes that they intend to grant a $2.26 billion USD loan to Lithium Nevada Corporation with very favorable terms, and that they have determined the Thacker Pass lithium mine would have “no adverse effects” to Native American sacred sites and cultural resources. They based this determination purely on BLM’s initial, highly flawed EIS published in 2020, which included no tribal consultation.

July 30, 2024 — The Reno-Sparks Indian Colony (RSIC) and Summit Lake Paiute Tribe (SLPT) reply to the DOE, notifying the agency that it had failed to consult with the tribes as required under Section 106 of the National Historic Preservation Act regarding the proposed loan, that DOE had ignored the extensive information provided to the BLM by the tribes regarding Thacker Pass (eligible as a Traditional Cultural District according the National Register of Historic Places), and that the tribes objected to DOE’s determination of “no adverse effect. When DOE refused to honor the RSIC’s request to delay the loan so that consultation could be conducted, RSIC and SLPT invoked a provision of the National Historic Preservation Act requesting that the Advisory Council on Historic Preservation (ACHP) provide an advisory opinion on whether DOE complied with the law.

August 8, 2024 — Reports of sexual harassment towards native women at Thacker Pass are made on social media.

October 22, 2024 — The Advisory Council on Historic Preservation issues a scathing 5-page letter criticizing the Department of Energy’s lack of tribal consultation and advising the agency to work with BLM and the tribes to either revise the existing Historic Properties Treatment Plan (HPTP) that legally binds government agencies to carry out the HPTP in a manner reflect the tribes’ concerns, or to begin a whole new Section 106 consultation process to create a new HPTP that reflected the tribes’ concerns.

October 28, 2024 — DOE issues a letter declaring that it would not follow ACHP’s advice, that it was unilaterally concluding the tribal consultation process, and that it was officially approving the loan to Lithium Nevada. Later that afternoon, an embargoed press release is released by DOE officially announcing the approval of the loan. An embargoed press release is one where a press release is prepared but the issuance of that press release is delayed until the organization who wrote the press release gives permission to the media outlet to publicize the story. In other words, DOE had predetermined that it didn’t matter what the tribes or the ACHP said about DOE’s faulty consultation process; DOE was going to issue the loan no matter what.

November 20, 2024 — The Thacker Pass defendants in the legal case filed by Lithium Nevada, release their stories as the case against the land defenders (including this organization) passes one and half years in the courts.

January 13, 2025 — Western Watersheds Project files a lawsuit against the U.S. Fish and Wildlife Service and the Department of the Interior seeking to force the agency to complete a pending finding of whether or not the Kings River pyrg (Pyrgulopsis imperilais), a snail residing only in 14 springs near Thacker Pass, is an endangered or threatened species.

February 2025 — Lithium Nevada informs local community members that they intend to triple the size of the mine compared to the initial plan laid out in the 2021 Environmental Impact Statement. The new plan more than triples the size of the area to be mined, incorporating most of the south side of Thacker Pass, adds several new sulfuric acid processing plans, re-routes the public State Highway 293, and triples the size of the toxic waste piles on the east side of the pass.

February 6, 2025 — Human Rights Watch and the ACLU release a comprehensive 133-page report on violations of Indigenous rights in relation to the Thacker Pass mine titled “‘The Land of Our People, Forever’: United States Human Rights Violations against the Numu/Nuwu and Newe in the Rush for Lithium.”

May 2025 — Major earthworks at Thacker Pass are now complete, and Lithium Nevada begins pouring concrete foundations for processing plants.

Summer 2025 — After challenges on water rights from local rancher Ed Bartell, the State of Nevada orders Lithium Nevada to cease and desist pumping water. Within weeks, Mr. Bartell makes a financial deal to sell his water rights to the corporation, and mine construction proceeds.

October 2025 — Following negotiations on the terms of the $2.26 billion USD loan from the Department of Energy to Lithium Nevada, the Federal Government takes a direct stake for 5% ownership in Lithium Americas Corporation and a further 5% stake in the Thacker Pass mine itself. For mine opponents, this confirms what they knew all along: that the project was a joint government-corporate effort.