Judge rules against tribes in fight over Nevada lithium mine they say is near sacred massacre site
A federal judge in Nevada has dealt another legal setback to tribes trying to halt construction of a huge lithium mine they say is near the sacred site of an 1865 massacre along the Oregon border
RENO, Nev. (AP) — A federal judge in Nevada has dealt another legal setback to Native American tribes trying to halt construction of one of the biggest lithium mines in the world.
U.S. District Judge Miranda Du granted the government’s motion to dismiss their claims the mine is being built illegally near the sacred site of an 1865 massacre along the Nevada-Oregon line.
But she said in last week's order the three tribes suing the Bureau of Land Management deserve another chance to amend their complaint to try to prove the agency failed to adequately consult with them as required by the National Historic Preservation Act.
“Given that the court has now twice agreed with federal defendants (and) plaintiffs did not vary their argument ... the court is skeptical that plaintiffs could successfully amend it. But skeptical does not mean futile,” Du wrote Nov. 9.
