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Thacker Pass

Thacker Pass Protectors File First-Ever ‘Biodiversity Necessity Defense’

Winnemuca, Nevada — In a first for the American legal system, the lawyers for six people sued by Lithium Nevada Corporation for protesting the Thacker Pass mine are arguing a ‘biodiversity necessity defense.’ The necessity defense is a legal argument used to justify breaking the law when a greater harm is being prevented; for example, breaking a car window to save an infant locked inside on a stifling hot day, or breaking down a door to help someone screaming inside a locked home. In these cases, trespassing is justified to save a life.

‘You Can’t Mine Your Way Out Of A Climate Crisis’

In Nevada’s remote Thacker Pass, a fight for our future is playing out between local Indigenous tribes and powerful state and corporate entities hellbent on mining the lithium beneath their land. Vancouver-based Lithium Americas is developing a massive lithium mine at Thacker Pass, but for more than two years several local tribes and environmental organizations have tried to block or delay the mine in the courts and through direct action. The Thacker Pass Project is backed by the Biden administration, and companies like General Motors have invested hundreds of millions of dollars in the project, looking to capitalize on the transition to a “green energy economy,” for which lithium is essential.
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