https://www.law360.com/realestate/articles/1876794/ariz-tribe-dou...

https://www.law360.com/realestate/articles/1876794/ariz-tribe-doubled-down-in-lithium-project-row-court-told

"The federal government has accused the Hualapai Indian Tribe of doubling down on conjecture with regard to the possible effects of the Big Sandy Valley Lithium Exploration Project, urging an Arizona federal judge to reject the tribe's request for a preliminary injunction.

U.S. Department of the Interior officials maintained in a reply filed Wednesday that the tribe falls short of its burden at the preliminary injunction stage to establish that "irreparable harm is likely, not just possible," instead relying on speculative concerns about the project's potential effects, including vague claims about noise and visual impacts.

The tribe has also asserted for the first time that exploratory drilling is likely to affect the flow and temperature of a sacred hot spring known as Ha'Kamwe', but identified "no concrete evidence to support this claim, much less prove it a likelihood," the officials said.

Intervenor Arizona Lithium Ltd., the company behind the lithium exploration project, similarly rebutted the tribe's claims with regard to the project's potential effects in a separate reply also filed Wednesday, telling the judge that the planned drilling will not affect the lower aquifer that feeds Ha'Kamwe' and that the company did not enter into an agreement with the tribe to stop drilling.

"Plaintiff has no evidence that the water supply to Ha'Kamwe' will be affected by the project's scheduled drilling, or that the existing precautionary remedial measures in place will fail, resulting in irreparable harm. To the contrary, the extensive analysis and review of the project site detailed in the [final environmental assessment] demonstrates that no irreparable harm will occur," Arizona Lithium said."