Opponents sue over Forest Service’s approval of drilling near Lakota sacred site in Black Hills
Opponents filed a lawsuit this week challenging the U.S. Forest Service’s approval of a graphite drilling project near Pe’ Sla, a site in the Black Hills of western South Dakota that holds cultural and spiritual significance for Native Americans.
The plaintiffs are the Indigenous rights group known as NDN Collective and the Black Hills Clean Water Alliance, both based in Rapid City, and Earthworks in Washington, D.C.
The lawsuit challenges the Forest Service’s decision allowing Rapid City-based Pete Lien & Sons to move forward with exploratory drilling for graphite. Graphite is used in electric vehicle batteries, lubricants, pencils and other products.
Pe’ Sla, also known as Reynolds Prairie, is a sacred site used for prayer, ceremony and cultural activities. The area is a high-elevation meadow surrounded by forested mountains in the central Black Hills. Pe’ Sla is one of the sites in the Black Hills that corresponds with celestial features in traditional Lakota spirituality.
The lawsuit says the Forest Service improperly used a process known as a “categorical exclusion” to bypass environmental and cultural reviews.
“We will not stand for the desecration of our sacred sites, land, and water by extractive mining companies like Pete Lien,” said Wizipan Garriott, president of NDN Collective, in a press release. “The laws of the United States are often rigged against us, but we are confident this categorical exclusion was unlawful.”
The lawsuit alleges a categorical exclusion was improper because the project includes drilling, road work and other activity near Pe’ Sla that goes beyond what a categorical exclusion allows. The plaintiffs also argue that Pe’ Sla’s religious and cultural importance should have triggered a fuller review rather than the abbreviated process.
Neither Pete Lien & Sons nor the Forest Service immediately responded to requests for comment.
A representative of Pete Lien & Sons previously told Searchlight the company was reviewing the plan’s potential impact on sites of cultural and historical significance in the proposed project area, and questions and concerns should be directed to the Forest Service.
