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Extracting Lithium Without Landowners’ Consent: The Case of Indigenous Peoples in the U.S.A

15 February, 2025

In February 2025, Human Rights Watch (HRW) and the American Civil Liberties Union (ACLU) released a report titled “The Land of Our People, Forever.” The report documents violations of collective rights against the Numu/Nuwu and Newe peoples, whose reservations are located in Northern Paiute and Western Shoshone territories—ancestral lands spanning parts of California, Nevada, and Oregon.

These Indigenous communities have faced violations of their cultural and land rights, particularly due to inadequate consultation regarding the Thacker Pass lithium mine in Nevada.

International law protects these rights, specifically the UN Declaration on the Rights of Indigenous Peoples, which states in Article 32:

“States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions to obtain their free, prior, and informed consent before approving any project affecting their lands, territories, or resources, particularly those involving the development, use, or exploitation of mineral, water, or other resources.”

Although Lithium Americas claims to have followed legal and consultation procedures, it does not recognize the affected communities’ right to free, prior, and informed consent.

Despite opposition from at least five tribal governments, the company and the Bureau of Land Management (BLM) moved forward with the project, arguing they had met consultation requirements. However, these consultations were limited and mostly conducted during the COVID-19 pandemic, when many Indigenous communities were unable to respond effectively.

Both the company and the U.S. government have faced criticism for failing to address the cultural and environmental impact of the project on the Numu/Nuwu and Newe communities. The mine is expected to generate pollution and consume vast amounts of water, raising concerns among local populations.

While the U.S. government seeks to expand strategic mineral production, Indigenous organizations and communities are calling for a review of permits and the enforcement of international human rights standards. They are also advocating for reforms to the 1872 Mining Law to ensure the protection of Indigenous rights, land, culture, and the environment.

Currently under construction, the Thacker Pass project will extract lithium from one of the world’s largest known deposits, potentially supplying 25% of global lithium demand.

Lithium—the lightest, softest, and whitest known metal—is in high demand for manufacturing batteries, cellphones, ceramics, glass, and lubricants. It is also used in the aerospace and nuclear industries, as well as in medical treatments for bipolar disorder.

According to the U.S. Department of Energy, Thacker Pass could supply enough lithium carbonate for 800,000 electric vehicle batteries per year, reducing annual gasoline consumption by 317 million gallons.

Since 2023, U.S. auto giant General Motors has been the main shareholder of Lithium Americas, investing $320 million in the mine out of a planned total of $650 million to begin operations.

Indigenous groups warn that lithium mining threatens their lands and rights, particularly as more than 54% of current or planned mining projects are located on Indigenous territories. In the U.S., 79% of known lithium reserves are within 35 miles of tribal reservations.

The mine will extract significant amounts of water and produce high levels of greenhouse gas emissions. Additional concerns include groundwater contamination and toxic waste accumulation.

Furthermore, the influx of non-Indigenous mining workers could increase gender-based violence against women, girls, and Two-Spirit people—a phenomenon previously documented in extractive industries near Indigenous communities.

The Thacker Pass case highlights the ongoing disregard for Indigenous rights in mineral exploitation.

The report urges the U.S. government to ensure that mining projects comply with international human rights standards, including the Indigenous right to free, prior, and informed consultation.