Tribes claim evidence of 1865 massacre at Nevada mine site
RENO, Nev. — Tribal lawyers are asking a U.S. judge in Nevada to reconsider her earlier refusal to block digging at a proposed lithium mine near the Oregon line where they say newly uncovered evidence proves it was the sacred site of a massacre of dozens of Native Americans in 1865.
The new motion filed in federal court in Reno includes an 1865 newspaper report and two witness accounts of how at least 31 Paiute men, women and children were “murdered by federal soldiers” at Thacker Pass.
The accounts were in an autobiography first published in 1929 by a wellknown American labor organizer, Bill Haywood. One was from a cavalry volunteer who participated in the slaughter and the other by a tribal member who survived it.
Nevada Lithium Corp.’s construction is scheduled to begin earlier next year at what would be the largest lithium mine in the nation and the biggest open pit lithium mine in the world.
Lithium is a key component in electric vehicle batteries. Demand for the mineral is expected to triple over the next five years.
The only significant lithium mine now operating in the U.S. is in Nevada. Another planned halfway between Reno and Las Vegas by Ioneer Ltd. also faces legal challenges from environmentalists fighting to protect a rare desert wildflower that the Fish and Wildlife Service formally proposed last week to be listed as an endangered species.
Judge Miranda Du said she will hold a full evidentiary hearing on the merits of the case before any construction begins about 230 miles northeast of Reno.
But in recent months she has denied requests by environmentalists and tribes to prevent the Bureau of Land Management in the meantime from digging trenches for an archaeological survey that Lithium Nevada must complete before moving forward.
The tribes maintain 1,000 cultural resources and 57 properties there are eligible for inclusion on the National Register of Historic Places. They say the bureau has failed to meet federal requirements it formally consults with the tribes on a government-to-government basis about the preparation of a historical properties plan.
The tribes said in the court filing last week that the new evidence warrants a fresh review after Judge Du ruled Sept. 6 the government field notes dating to 1868 that they submitted in their earlier plea for injunctive relief “do not show a massacre happened within the project area.”
Lawyers for the RenoSparks Indian Colony and Burns Paiute Tribe of Oregon stated:
“The proximity of the Indian Lodgings in the project area, combined with the intervening plaintiffs’ oral histories describing how Paiute people, being hunted by the U.S. Cavalry, hid in Thacker Pass, and especially the new accounts of the massacre make it very likely that the Sept. 12, 1865 massacre happened, at least partially, within the project area.”
Spokespersons for the bureau and Nevada Lithium said they had no comment.