ELR Citation: 54 ELR 20153
No(s). CV-24-08154-PCT-DJH (D. Ariz. Nov 5, 2024) (Humetewa, J.)

A district court granted an Indian tribe's motion for a temporary restraining order (TRO) against BLM's decision to approve the third phase of a lithium drilling project in northwestern Arizona. The tribe argued BLM violated the National Historic Preservation Act (NHPA) when it found no historical properties were affected by the project, and violated NEPA by failing to consider a reasonable range of alternatives and failing to take a "hard look" at impacts on water resources; it sought to enjoin the third phase, which would allow exploratory drilling on lands adjacent to Cofer Hot Springs, an area the tribe holds sacred and uses for culturally significant activities. The court found the tribe raised credible concerns that drilling was likely to imminently threaten the aquifer feeding the hot springs, causing irreparable harm; raised serious questions regarding BLM's NHPA compliance; and that the balance of equities and public interest tipped in the tribe's favor. It granted the tribe's motion for a TRO followed by a preliminary injunction, and enjoined BLM from authorizing or allowing ground disturbance, construction, operations, drilling, or any other activity until the suit is fully resolved on the merits or until further order.