U.S. law doesn’t require this, of course. It only requires consultation, a major limitation in what legal protections are available to Indigenous people, said Hannah Perls, a legal fellow at Harvard Law School’s Environmental and Energy Law Program. Consultation isn’t even required for tribes that aren’t federally recognized—not that consultation really benefits them. Companies don’t have to change their minds just because tribes raised red flags. They just have to worry about checking off that they asked tribes for their input.
Back in Nevada, locals are fighting for consultation in court, but consent is what tribal advocates ultimately want. Tribal communities want the ability to say no—to projects they don’t want, as well as to the men who come into their communities to build these projects. The mine’s construction would bring in some 1,000 temporary workers, raising concerns around sexual violence, which has been shown to follow such development on or near tribal lands. In response, opponents have set up two protest camp areas in Thacker Pass to raise awareness and stop the mine.
Max Wilbert, author of Bright Green Lies and a community organizer, set up the first camp back in January 2021. After visiting Thacker Pass a few months earlier, he felt compelled to defend it. Since then, he’s been working in allyship with local Indigenous peoples to ensure their voices are front and center.
“When I visited the land, I had the experience of connection, of love,” Wilbert said. “When you are in love with the land, it’s hard to sacrifice it.”
Wilbert eventually captured the support of his friend Will Falk, who became the attorney representing tribal members in the lawsuit against the project. Falk had visited the area for years, but he became engrossed in the lithium mine after realizing how quickly the federal government was moving to approve it. Other lawsuits sprung up in opposition—from a landowner worried about water to environmental groups defending endangered species. Once Falk met some of the local Indigenous leaders, they teamed up to make a case for their culture and history. So far, it hasn’t been enough to pause the project. Archaeological digs on the site are scheduled later this month.
“The federal government invaded Paiute land, murdered Paiute people, and then said, Now, this land is ours,” Falk said. “This is the new colonialism.”