Lawsuit challenges Forest Service permit for exploratory graphite drilling near Pe’ Sla

NDN Collective, the Black Hills Clean Water Alliance, and Earthworks have filed a federal lawsuit against the U.S. Forest Service challenging a permit granted to Pete Lien & Sons for exploratory graphite drilling near Pe’ Sla, a site of significant cultural and spiritual importance to Lakota, Dakota, and Nakota people. The plaintiffs argue the Forest Service improperly used a National Environmental Policy Act (NEPA) “categorical exclusion” to bypass a more thorough environmental review, citing that the 18-month drilling project exceeds the one-year limit for such exclusions. They also point to a 2014 Memorandum of Understanding (MOU) among five tribes that recognizes the importance of Pe’ Sla and establishes protective measures, including a two-mile buffer zone. Beyond cultural concerns, the lawsuit highlights potential risks to the Rapid Creek watershed, a vital water source for Rapid City, Ellsworth Air Force Base, and surrounding communities, including tribal lands. Exploratory drilling involves extracting core samples to assess graphite deposits, a mineral crucial for electric vehicle batteries and other industrial applications, and the plaintiffs fear this could lead to a larger mining operation. As of the time of the report, no drilling had commenced, but the lawsuit aims to prevent any work from beginning.

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