Hualapai Indian Tribe v. Haaland

Ha’Kamwe’ was in an area held in trust by the Department of the Interior for the benefit of the Hualapai Indian Tribe (tribe) (plaintiff). Ha’Kamwe’s natural characteristics were key to its traditional tribal uses, which included gathering plants and materials, observing wildlife, and holding cultural ceremonies. Ha’Kamwe’ was a Traditional Cultural Property eligible for listing on the National Register of Historic Places (register). In 2019, the Department of the Interior’s Bureau of Land Management (BLM) (defendant) approved the first two phases of an exploratory-drilling project looking for lithium at Ha’Kamwe’. The lithium company subsequently sought BLM approval for phase three, which would involve drilling over 130 holes near Ha’Kamwe’. The BLM initially invited the tribe to consult on the matter. However, the BLM later concluded that Ha’Kamwe’ would not be affected by the project for purposes of the National Historic Preservation Act (NHPA) because the project’s impacts would be temporary. The BLM thus excluded Ha’Kamwe’ from the area of potential effects and did not engage in any further consultation with the tribe. However, the BLM’s environmental assessment identified several impacts on the Ha’Kamwe’ area, including temporary visual, noise, and vibration effects, temporary disruption to cultural practices, and impacts to wildlife. The tribe sued the BLM, arguing that the BLM violated the NHPA by arbitrarily concluding no historic properties would be affected by the project. The district court considered the tribe’s request for a preliminary injunction enjoining phase three while trial was pending.