Nine Native American tribes sued the federal government Thursday seeking to halt exploratory drilling for graphite near Pe’Sla, a sacred ceremonial meadow in the Black Hills, according to the lawsuit filed in federal court in South Dakota.
The tribes, representing communities in South Dakota, North Dakota and Nebraska, named the U.S. Forest Service and the U.S. Department of Agriculture as defendants and asked the court to stop the project, alleging that the agencies violated federal law when they approved the drilling. A small group of opponents has been demonstrating at the drilling location and at the mining company’s headquarters since late April, the AP reported.
The tribes said Pe’Sla—a meadow in the central Black Hills—is used for tribal ceremonies, prayer and youth camps year-round, and they said buffalo regularly graze at the site. They alleged that the project would threaten wildlife and would interfere with tribal uses of the meadow.
The complaint said the project—by Rapid City-based mining company Pete Lien & Sons—would affect the site’s traditional, cultural and religious purposes. The tribes also alleged the Forest Service did not consult with the tribes before approving the project, and that Pe’Sla was not included as an affected area when the agency approved the drilling.
The lawsuit tied its challenges to federal environmental and historic-preservation rules, alleging that the Forest Service approval violates the National Historic Preservation Act and the National Environmental Policy Act because no environmental review was conducted. The tribes said they bought parts of Pe’Sla in 2012, 2015 and 2018, and that an agreement between the tribes and the Forest Service established a two-mile buffer zone on public lands around the site.
The drilling is part of what opponents characterize as the early stage of a broader mining effort. The Forest Service granted a permit in February without an environmental review, saying the project qualified for a categorical exclusion because it would last less than a year and would not pose impacts to environmental and cultural sites, the AP reported. Tribal opponents disagreed, saying that drilling projects often become the first step toward future mines.
In a statement, Oglala Sioux Tribe President Frank Star Comes Out described the lawsuit as “a historic demonstration of unity” among the nine tribes. Wizipan Garriott, president of Indigenous advocacy group NDN Collective and a member of the Rosebud Sioux Tribe, said, “We as Lakota people have been coming and praying and holding ceremony at these places for over 2,000 years,” and added, “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.”
Opponents also sought to block drilling access during the demonstrations. On Thursday, they demonstrated with signs reading “Protect Pe’Sla” and “Sacred ground not mining bound” near two drilling pads to block access, and NDN Collective said the Forest Service told them drilling was paused for the rest of the day and the contractors were sent home.
The AP reported that Pete Lien & Sons did not respond to phone and email requests for comment made Thursday, Sunday and Monday. The Forest Service said it had no comment because the project is subject to active litigation, while NDN Collective said it will continue actions at the sites as needed to protect Pe’Sla.
The Black Hills, encompassing more than 1.2 million acres, have long been a point of tension between tribes and mining interests. The tribes said the 1868 Treaty of Fort Laramie granted Sioux nations rights to the Black Hills, but that the U.S. broke the treaty after gold was discovered; while the Supreme Court ruled the Sioux were owed compensation, the tribes have said they do not accept it and consider the area unceded territory.
The graphite drilling is expected to collect samples from up to 18 holes drilled down some 1,000 feet (about 300 meters), according to NDN Collective. Besides the tribes’ lawsuit, NDN Collective and other environmental groups have also sued to stop the project, the AP reported, including allegations that some drilling pads are inside the buffer zone around Pe’Sla.