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Tribal activists reject the Nevada mine Biden hails as a key to clean energy

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Tribal activists reject the Nevada mine Biden hails as a key to clean energy


By MATTHEW DALY

June 20, 2023 GMT

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OROVADA, Nevada (AP) — Just 45 miles (72 kilometers) from the Fort McDermitt Indian Reservation where Daranda Hinkey and her family corral horses and cows, a centerpiece of President Joe Biden’s clean energy plan is taking shape: construction of one of the largest lithium mines in the world.

As heavy trucks dig up the earth in this remote, windswept region of Nevada to extract the silvery-white metal used in electric-vehicle batteries, the $2.2 billion project is fueling a backlash. “No Lithium. No mine!″ proclaims a large hand-painted sign in Hinkey’s front yard.

The Biden administration says the project will help mitigate climate change by speeding the shift away from fossil fuels. But Hinkey and other opponents say it is not worth the costs to the local environment and people.

Similar disputes are taking place around the world as governments and companies advancing renewable energy find themselves battling communities opposed to projects that threaten wildlife, groundwater and air quality.

Hinkey, 25, is a member of the Fort McDermitt Paiute and Shoshone Tribe and a leader of a group known as People of Red Mountain — named after the scarlet peak that overlooks her house. The group says that in addition to environmental impacts, the Thacker Pass mine would desecrate a site where the U.S. Cavalry massacred their ancestors after the Civil War.

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“Lithium mines and this whole push for renewable energy — the agenda of the Green New Deal — is what I like to call green colonialism,″ Hinkey said. “It’s going to directly affect my people, my culture, my religion, my tradition.”

Protests near the mining site have flared up for more than two years, and the project has sparked legal challenges, including an appeal that a federal court will hear this month.

Hinkey had hoped Interior Secretary Deb Haaland — the first Native American Cabinet member — might rally to the side of opponents. But that has not happened.

Haaland, whose department oversees Thacker Pass, said that while she supports the right to peaceful protests, her agency is in favor of the mine because “the need for our clean energy economy to move forward is definitely important.”

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The project was approved in the waning days of the Trump administration but is central to Biden’s goal for half of all new vehicles sold in the U.S. to be electric by 2030. Lithium batteries are also used to store wind and solar power.

Haaland told The Associated Press that when her agency inherits a project from a previous administration, “It’s our job to make sure we’re doing things according to the science, to the law.”

Hinkey sees her activism as a continuation of her leadership on basketball teams in high school and in college, where she guided her Southern Oregon Raiders to a 20-win season as a senior point guard.

“Corporations are scared of an educated Indian,″ said Hinkey, who hopes to become a teacher. Her athletic experience, education and tribal background make her “someone who can stand up against them,″ she said.

(AP Video/Rick Bowmer and Susan Montoya Bryan)

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Hinkey said she is especially disappointed because she voted for Biden and expected his administration to slow down the project that was fast-tracked under President Donald Trump. She and other tribal members “feel very lost, very shoved underneath the carpet,″ Hinkey said.

The project does have the support of some leaders of Hinkey’s tribe, who point to the promise of jobs and development on a reservation where unemployment is far above the national average.

“This could help our tribe,″ said Fort McDermitt Tribal Chairman Arlo Crutcher, who recently went to Washington with company executives to meet with the Interior Department. Still, he is skeptical about how many jobs will go to impoverished tribe members.

Lithium Americas, the Canadian company that is developing the project, signed an agreement with the Fort McDermitt tribe — the closest to the mine among more than two dozen federally recognized tribes and bands in Nevada — to ensure local hiring, job training and other benefits. It also agreed to build a community center that includes a preschool and playground for the reservation, where close to half the population lives in poverty.

The October 2022 agreement “is a testament to our company’s commitment to go beyond our regulatory requirements and to form constructive relationships with the communities closest to our projects,″ Lithium Americas President and CEO Jonathan Evans said in a statement. General Motors has pledged $650 million to help develop Thacker Pass, which holds enough lithium to build 1 million electric vehicles annually.

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Opponents, including other tribes and environmental groups, argue that the U.S. Bureau of Land Management, an Interior Department agency, violated at least three federal laws in approving the mine.

BLM Director Tracy Stone-Manning defended her agency’s actions, saying the Biden administration allowed construction to begin “because the proposal is solid, and the country needs that lithium.”

The National Historic Preservation Act requires tribal consultation in all steps of a project on or near tribal land. But Hinkey and other mine opponents say the mine was hastily approved when tribal governments were largely shut down due to the COVID-19 pandemic.

In its 2021 decision approving the project, the agency said it wrote letters in late 2019 to at least three tribes — including Fort McDermitt — inviting comments. Two online meetings were conducted in August 2020, but no objections were raised by the end of an environmental review in December 2020, the agency said.

Michon Eben, historic preservation officer for the Reno-Sparks Indian Colony, said the agency’s actions fell far short of genuine consultation.

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“This is the biggest (lithium) mine in the country — and there’s 28 federally recognized tribes and bands in the state of Nevada that all have relationships — and you only send a letter to three tribes? There’s something wrong with that,″ Eben said.

“The consultation kind of skipped us,″ said Gary McKinney, a spokesman for People of Red Mountain and a member of the nearby Duck Valley Shoshone-Paiute Tribe. “Nobody knew about the lithium. They taped a notice on the door and called that” adequate notice,″ he said.

Asked about those claims, Stone-Manning replied: “I regret if people feel that way. I can’t control how people feel.″

In an interview near the mine site, where workers were installing a water pipeline, McKinney said the project will cause irreparable damage. The mine will require large amounts of water, and conservationists say groundwater and soil could become contaminated with heavy metals. The area is also a nesting ground for the dwindling sage grouse.

“The water will be lower. Life will be scared away,” he said. “Our culture, our sacred sites will be gone. We’re facing the annihilation of our identity.″

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He and other opponents say the BLM office in Nevada failed to assess the project’s likely impact on the massacre site near Sentinel Rock, which juts above sagebrush and high grass used by roaming cattle herds.

“What happens to those who were massacred and buried here?” Eben said in an interview at Sentinel Rock.

The exact location of the massacre, where federal soldiers killed at least 31 Paiute men, women and children, is unknown, although it is generally recognized to be within a few miles of the mine. Tribes call the site Peehee Mu’huh, or “Rotten Moon” in the Paiute language.

A federal judge in February said construction could begin while also ruling that BLM violated federal law regarding disposal of mine waste. Conservationists have appealed, and the San Francisco-based 9th Circuit U.S. Court of Appeals scheduled oral arguments for June 26.

Eben said she is putting her faith in Haaland, a member of New Mexico’s Laguna Pueblo.

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“From one Native woman to another, what I am going to say is, ‘Please come and walk this land with us. Come and listen to our side of the story, our oral histories. A massacre did occur here. … Our people were killed.’”

And, she added, “you can’t mine your way out of a climate crisis.”

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Associated Press writers Scott Sonner in Reno, Nevada and Susan Montoya Bryan in Albuquerque, New Mexico contributed to this story.

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Associated Press climate and environmental coverage receives support from several private foundations. See more about AP’s climate initiative here. The AP is solely responsible for all content.





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Henderson city councilman sued — again — over alleged illegal loans  • Nevada Current

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Henderson city councilman sued — again — over alleged illegal loans  • Nevada Current


Henderson City Councilman Dan Shaw is facing two more lawsuits, accusing him of making illegal loans via a tribal lender allegedly owned and controlled by Shaw and his business partner Greg Jones. 

The filings bring the number of federal class action lawsuits filed against Shaw, Jones, and the lender, Green Arrow Solutions, to six since 2022. Four of the suits, which are almost identical, have been settled in Illinois, Massachusetts, and Indiana, court records indicate.

The new lawsuit, in Illinois, seeks to prevent Green Arrow Solutions, purportedly a tribal enterprise operated by the Big Valley Band of Pomo Indians in California, from making and collecting high-interest loans of more than 700% annual interest over the Internet. The company is allegedly using tribal immunity to evade regulation. 

The plaintiff in the case received a loan for $350 from Green Arrow Solutions in February 2023, according to the complaint.  

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“The loan would result in repayment of $1,132.28 if paid on schedule,” the complaint says. “The total interest charged would be $787.28, which according to Green Arrow Solutions equates to an annual percentage rate of 852.42%, a rate more than 20 times that permitted in Illinois (36%).”

Shaw, who was appointed to Henderson City Council in 2017 and later won election, faces a general election challenge in November from Dr. Monica Larson.

“The personal and business behavior of elected leaders matters,” Larson said in a statement to the Current. “It goes to the heart of ethics, integrity, and good decision-making. The charges in these current and past lawsuits are serious. Residents deserve better.” 

Elizabeth Trosper, Shaw’s campaign communications director, said she expects Shaw to be dropped from the lawsuit. “It would be inappropriate to further comment on a open lawsuit that includes Dan Shaw or his companies.” 

The Illinois suit, filed May 30, alleges that in an attempt to evade prosecution, “non-tribal owners of online payday lending businesses frequently engage in a business model commonly referred to as a ‘rent-a-tribe’ scheme,” in which “non-tribal payday lenders create an elaborate charade claiming their non-tribal businesses are owned and operated by Native American tribes.”

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The alleged scheme, according to the new suit and those filed previously, is purported to shield the lenders from state and federal usury laws under the guise of sovereign immunity. 

“However, the tribal lending entity is simply a facade for an illegal lending scheme; all substantive aspects of the payday lending operation – funding, marketing, loan origination, underwriting, loan servicing, electronic funds transfers, and collections – are performed by individuals and entities that are unaffiliated with the tribe.”

The suit alleges that in exchange for use of the tribe’s name, the true owners pay the tribe “a fraction of the revenues generated.” While the percentage varies, “the number is almost always in the single digits.” 

Tribal administrator Ben Ray did not respond to requests for comment. 

A map on Green Arrow Solutions’ website indicates it does business in Nevada. 

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“On information and belief, the list of states in which Defendants do not make loans depends on the likelihood they will face public or private enforcement actions,” says the Illinois suit.

The complaint lists five other Internet lenders that purport to be operated by tribal enterprises, but are owned by Nevada Impact Management, LLC, a company that lists Shaw and Jones as officers. 

“Attempting to circumvent state interest rate caps by fraudulently hiding behind tribal sovereign immunity has been found to constitute criminal conduct,” the suit says, noting a New York jury convicted two individuals in 2017 on 14 felony counts for operating a network of tribal lending companies. 

A Wisconsin suit was filed this week. Only a cover sheet has been filed. The attorney representing the plaintiff did not respond to requests for comment.

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Nevada judge denies release of ex-gang leader in Tupac case

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Nevada judge denies release of ex-gang leader in Tupac case


LAS VEGAS (AP):

An ailing former Los Angeles-area gang leader has been denied release from a Las Vegas jail ahead of his trial in the 1996 killing of music legend Tupac Shakur, despite a bid by a hip-hop music figure to underwrite his US$750,000 bond.

A Nevada judge rejected house arrest with electronic monitoring for Duane ‘Keffe D’ Davis, 61, saying she wasn’t satisfied with assurances that Davis and his would-be benefactor, Cash ‘Wack 100’ Jones, weren’t planning to reap profits from the sale of Davis’ life story.

A Nevada law prohibits convicted killers from profiting from their crime.

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Clark County District Court Judge Carli Kierny said in her ruling issued Wednesday that a review of Jones’ financial records also did little to address her concerns that Jones might be a “’front’ or ‘middleman’ for the true bond poster”.

Davis has sought to be released since shortly after his arrest last September made him the only person ever charged with a crime in the killing, which has drawn intense interest and speculation for 27 years.

Prosecutors allege the gunfire in Las Vegas that killed Shakur stemmed from competition between east coast members of a Bloods gang sect and west coast groups of a Crips sect, including Davis, for dominance in a musical genre known at the time as “gangsta rap”.

Davis has pleaded not guilty to first-degree murder. His trial is scheduled for November 4. If convicted, he could spend the rest of his life in prison.

After a 45-minute hearing Tuesday, Kierny said she was left with more questions than answers after Davis’ legal team tried to demonstrate the source of the funds.

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Prosecutors have argued that Davis intends to benefit from retelling his story about the killing of Shakur and played a recording of a jailhouse phone call in which Jones describes to Davis a plan to produce “30 to 40 episodes” of a show based on his life story.

“It is an illegal benefit, profiting from this crime,” prosecutor Binu Palal told the judge. Palal didn’t respond to an email seeking comment Wednesday on the judge’s decision.

Jones, a music record executive who has managed hip-hop artistes including Johnathan ‘Blueface’ Porter and Jayceon ‘The Game’ Taylor, offered sworn testimony Tuesday by video from an unspecified place in California.

He said he paid 15 per cent of the bail amount, or US$112,500, as “a gift” from his business accounts to secure Davis’ release.

Davis’ attorney, Carl Arnold, didn’t respond to emails or phone calls left at his office Wednesday seeking comment. A spokesperson for Arnold didn’t immediately have comment when reached by email.

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The judge said in Wednesday’s two-page order she wasn’t convinced the bail money was not being paid “out of profits from Mr Davis discussing the killing of the victim in this case.”

While Jones testified he was bonding out Davis because Davis was fighting cancer and “had been a pillar of the community”, previous interviews “suggested another motive”, Kierney wrote.

She said Jones indicated there were “stipulations” on the bond and “that Mr Davis would be signing a contract regarding the rights to his life story, ostensibly including the shooting of Mr Shakur.” She said that was supported by a recorded phone call at the jail when Jones “insisted that a contract be signed before the bond premium was paid”.



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Nevada voters weigh in on what they hope to hear from presidential debate

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Nevada voters weigh in on what they hope to hear from presidential debate


LAS VEGAS (KTNV) — The first presidential debate of the 2024 election season is happening tonight.

Presumptive nominees President Joe Biden and former President Donald Trump will take the stage to address the issues that voters care about, including the economy, health care and more.

Senior Political Reporter Steve Sebelius is joined by a panel of Nevada residents that includes Republican Suzette LaGrange, former state senator and independent Patty Farley, and Democrat Laura Martin to discuss what they hope to hear from the candidates.

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Nevada voters weigh in on what they hope to hear from presidential debate





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