San Diego Union-Tribune

APPEALS COURT DENIES BID TO HALT NEV. LITHIUM MINE

Constructi­on to continue as appeal moves forward

- BY SCOTT SONNER

A federal appeals court refused Wednesday to block constructi­on of the largest lithium mine in the U.S. while it considers claims by Nevada conservati­onists and tribes that the government illegally approved it in a rush to produce raw materials for electric vehicle batteries.

The 9th U.S. Circuit Court of Appeals denied a request for an emergency injunction that would have prevented a subsidiary of Lithium Americas from moving forward with the project near the Oregon line at the third largest known lithium deposit in the world.

Constructi­on was under way Wednesday, company spokespers­on Tim Crowley confirmed in an email to The Associated Press.

Billions of dollars in investment­s are at stake in the legal battle at the forefront of so-called green energy developmen­t in the largest gold-producing state in the nation.

Neighborin­g California — the nation’s largest car market — plans to end the sale of new gas cars and trucks in a little over a decade, which will further drive up demand for electric vehicle batteries.

Lawyers for the mining company and the Biden administra­tion said in court filings on Tuesday that further delay was underminin­g efforts to combat climate change as the 2-year-old legal battle lingers and demand continues to grow for the key component in batteries for electric vehicles.

Reserves at the Thacker Pass mine, expected to begin production by the end of 2026 about 200 miles northeast of Reno, would support lithium for more than 1.5 million electric vehicles per year for 40 years, the company said.

“There are no other U.S. alternativ­es to Thacker Pass to provide lithium at the scale, grade or timeline necessary to begin closing the gap between the lithium available and the lithium needed to achieve the U.S.’s clean energy and transporta­tion goals,” its lawyers wrote.

Lithium Nevada said it already has invested over $150 million in the mine, and projects capital costs of $2.3 billion for its first phase.

On Wednesday, the San Francisco-based court scheduled expedited filing deadlines through April on the merits of the appeal, but its four-page ruling didn’t explain its rejection of the injunction.

It marked a significan­t setback for environmen­talists and tribes trying to block the project who say they support efforts to replace fossil fuels with renewables but that the mine would destroy essential wildlife habitat and sacred cultural values.

“By the time our general appeal to the Ninth Circuit is heard, irreversib­le damage to the environmen­tally and culturally sensitive area known as Thacker Pass will have occurred unnecessar­ily,” John Hadder, director of the Great Basin Resource Watch, said after Wednesday’s ruling.

Opponents of Lithium Nevada Corp.’s project had filed an emergency motion with the 9th Circuit on Monday after U.S. District Judge Miranda Du in Reno rejected their latest request to put the case on hold until the San Francisco-based appellate court could hear their appeal.

“This massive open pit mine has been fast-tracked from start to finish in defiance of environmen­tal laws, all in the name of ‘green energy,’ but its environmen­tal impacts will be permanent and severe,” Talasi Brooks, a lawyer for the Western Watersheds Project, said after Wednesday’s ruling.

“It is a disappoint­ment to see valuable biological, cultural and visual resources sacrificed for a strip-mine that has been greenwashe­d to be good for the environmen­t,” said Kevin Emmerich, co-founder of Basin and Range Watch.

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