Nine tribes sue to block graphite drilling near Black Hills sacred site

Nine Native American tribes are suing to stop exploratory graphite drilling near Pe'Sla, a Black Hills site central to Sioux ceremony and prayer.

Nine Native American tribes from South Dakota, North Dakota and Nebraska have sued the federal government in an effort to stop exploratory graphite drilling near Pe'Sla, a sacred ceremonial site in the central Black Hills.

The lawsuit, filed Thursday in federal court in South Dakota, names the U.S. Forest Service and the U.S. Department of Agriculture. The tribes allege the agencies violated federal law when they approved a project by Rapid City-based Pete Lien & Sons near a meadow used year-round for tribal ceremonies, prayer and youth camps.

The dispute adds to long-running tensions between Native nations and mining interests in the Black Hills, a pine-covered region of more than 1.2 million acres that rises from the Great Plains in southwestern South Dakota and extends into Wyoming. The area draws millions of tourists and includes Mount Rushmore and state parks, but Sioux tribes have considered it sacred for far longer, calling it He Sapa and describing it in the complaint as “the heart of everything that is.”

According to the complaint, the project would affect tribes’ traditional, cultural and religious use of Pe'Sla. The tribes say the Forest Service failed to consult them before approving the work, did not include Pe'Sla as an affected area and did not conduct an environmental review, in violation of the National Historic Preservation Act and the National Environmental Policy Act.

Parts of Pe'Sla are owned by Sioux tribes after land purchases in 2012, 2015 and 2018, the complaint says. It also cites an agreement between the tribes and the Forest Service establishing a two-mile buffer zone on public lands around the site.

The Forest Service granted a permit in February under a categorical exclusion, saying the project met requirements such as lasting less than a year and not affecting environmental or cultural sites. Tribal opponents dispute that conclusion and say exploratory drilling can be a step toward future mining.

NDN Collective and other environmental groups have separately requested a temporary restraining order and preliminary injunction to halt the project. The group said some drilling pads are inside the buffer zone and that the plan calls for up to 18 holes drilled about 1,000 feet deep to collect samples.

Demonstrators gathered Thursday near two drilling pads with signs including “Protect Pe'Sla” and “Sacred ground not mining bound,” blocking access to the site. NDN Collective said the Forest Service told protesters drilling was paused for the rest of the day and contractors were sent home.

Pete Lien & Sons did not return requests for comment reported by the source. The Forest Service said it would not comment on the project because of ongoing legal proceedings. It remains unclear when drilling began, though NDN Collective said it saw drilling pads operating last week and that protest actions would continue as needed.