Nine Native American tribes from South Dakota, North Dakota, and Nebraska have filed a federal lawsuit against the U.S. government, seeking to halt exploratory drilling for graphite near a sacred ceremonial site in the Black Hills. The lawsuit, filed Thursday in South Dakota, targets the U.S. Forest Service and the U.S. Department of Agriculture, alleging violations of federal law by approving a project near Pe'Sla, a meadow in the central Black Hills used for tribal ceremonies, prayer, and youth camps throughout the year.
Background of the Dispute
A small group of demonstrators has been protesting at the drilling location and at the mining company's headquarters since learning that ground was broken on the drilling project in late April. The project is the latest flashpoint in a long history of tension between tribes and mining interests in the Black Hills, a region of over 1.2 million acres (485,000 hectares) that rises from the Great Plains in southwestern South Dakota and extends into Wyoming. While the area attracts millions of tourists annually to attractions like Mount Rushmore and wildlife-filled state parks, it has been sacred to Sioux tribes for centuries. They call the area He Sapa and consider it "the heart of everything that is," according to the complaint.
Historical Context
The landscape has already been altered by the gold rush of the 1870s, which developed the region and displaced Native Americans. In recent years, rising gold prices have driven a new wave of miners seeking to return to the area. The complaint argues that the project by Rapid City-based mining company Pete Lien & Sons would impact the use of Pe'Sla for traditional, cultural, and religious purposes. It also claims that the Forest Service did not consult with the tribes before approving the project. Parts of Pe'Sla are owned by Sioux tribes, having been purchased in 2012, 2015, and 2018, and an agreement with the Forest Service established a two-mile (three-kilometer) buffer zone on public lands around the site, according to the complaint.
Legal Allegations
The lawsuit alleges that because Pe'Sla was not included as an affected area and no environmental review was conducted, the approval violates the National Historic Preservation Act and the National Environmental Policy Act. Pete Lien & Sons, which supplies materials like limestone, sand, and gravel, did not respond to requests for comment.
Frank Star Comes Out, president of the Oglala Sioux Tribe, described the lawsuit as "a historic demonstration of unity" among the nine tribes, which are separate, federally recognized tribes sharing cultural and linguistic roots but each with its own government and land base.
Wizipan Garriott, president of Indigenous advocacy group NDN Collective and a member of the Rosebud Sioux Tribe, stated: "We as Lakota people have been coming and praying and holding ceremony at these places for over 2,000 years. And so us being here is a continuation of countless generations before us. And it's important that these sacred places be protected for future generations to come."
Permit and Environmental Review
The project was granted a permit from the Forest Service in February without an environmental review because the agency said it met the requirements for a categorical exclusion, such as having a duration of less than a year and not posing impacts to environmental and cultural sites. However, tribal opponents dispute that these requirements were met and argue that drilling projects are often a first step leading to future mines. In addition to the tribes' lawsuit, NDN Collective and other environmental groups have filed a request for a temporary restraining order and preliminary injunction to halt the project.
Current Status of Drilling
Some of the drilling pads are located in the buffer zone around the site, according to NDN Collective. The project calls for the company to drill up to 18 holes, each about 1,000 feet (300 meters) deep, to collect samples. On Thursday, opponents demonstrated with signs reading "Protect Pe'Sla" and "Sacred ground not mining bound" near two drilling pads to block access. NDN Collective reported that the Forest Service told them drilling was paused for the rest of the day and contractors were sent home. The Forest Service declined to comment on the specifics of the case, stating that it does not comment on issues that are part of ongoing legal proceedings. It remains unclear when drilling began, but NDN Collective noted that drilling pads were in operation last week. The group said protest actions will continue as needed to protect Pe'Sla. "As Lakota, we pray as long as we need to," Garriott said.
