Judge rejects environmental groups’ claims challenging lithium extraction in Imperial Valley

EL CENTRO, Calif. (CN) — Imperial County’s plans to allow companies to mine lithium from the drying Salton Sea do not violate California’s environmental quality rules despite the concerns of local environmental justice groups, a superior court judge ruled. 

The Comite Civico Del Valle, a nonprofit environmental justice group based in Imperial County, took issue with an environmental impact reports’ analysis of air quality impacts of the proposed lithium mining.

“It is unclear how such impacts could be analyzed in a more meaningful way, and petitioner does not suggest a method of doing so,” Imperial County Superior Court Judge Jeffrey Jones wrote in a tentative decision Thursday.

“A trail of analysis with numerous ‘if/then’ forks controlled by uncertain, if not random, events (which might or might not occur in the future) can be done, but will almost certainly lead to endpoints that are speculative. The EIR adequately addresses non-speculative air quality impacts,” Jones added.

Last year, Comite Civico Del Valle and Earthworks, a nonprofit focused on mineral and energy development, filed a joint petition to halt the county’s permitting process for new lithium extraction projects. The groups claimed the county’s approvals violated the California Environmental Quality Act and local zoning rules. 

The groups claimed county officials failed to thoroughly analyze the public health and environmental impacts of new industrial developments on nearby communities, ignored comments from experts, and failed to meaningfully consult with locals, especially local Indigenous groups. 

“Petitioners are not opposed to lithium development near the Salton Sea,” the groups wrote in court filings. But the groups also argued Imperial County cut corners in approving lithium extraction by using outdated data to determine how much Colorado River water the projects would suck up. 

Disadvantaged communities around the Salton Sea are already “acutely impacted by less water making its way to the rapidly shrinking Salton Sea,” the groups argued in their original petition. Among the negative impacts are, they said, are “harmful dust contaminated by pesticides and fertilizers from the exposed playa.”

Jones rejected those claims, writing that the county did adequately analyze the environmental impact of the lithium extraction developments on the county’s water supply. 

The county’s analysis of impacts on the air does not have to speculate about future environmental consequences, Jones said. The county also complied with their responsibilities to notify and consult with local Indigenous groups, he continued.  

“The petition is denied. Respondent is directed to prepare the proposed judgment,” Jones wrote.

Comite Civico del Valle will consider appealing the ruling and “exhaust all available legal and public policy channels,” its director Luis Olmedo, said in a press release on Friday. 

“While we are disappointed with the judge’s decision, CCV is prepared for it. The direct lithium extraction technology that the Hell’s Kitchen Lithium Project plans to deploy has only been tested at a demonstration level, and their Imperial County project would be one of the first commercial plants of this scale in the United States,” Olmedo said. “CCV believes the Hell’s Kitchen project can further mitigate its water usage through stronger water conservation measures, added protections of tribal resources in a registered cultural district proposed by tribes, in addition to providing more concrete details and teeth to assumptions about waste generation and water recycling.”

Mining lithium from the Salton Sea could bring jobs and much-needed tax revenue for social services to one of California’s poorest counties, proponents of the plan say.

The Salton Sea sits atop one of the largest geothermal fields in the world. Since the 1970s, companies have generated electricity there by digging wells deep underground, allowing water heated by the Earth’s mantle to come to the surface. That produces steam to turn turbines and generate energy.

Energy companies say that lithium can also be extracted in the process — but that technology hasn’t been tested on a large scale yet. Lithium is the main component of the batteries that power electric cars. The state estimates that deep beneath the Salton Sea, there’s enough lithium to meet about a third of current worldwide demand, all while generating billions in revenue.

“The denial of the petition in this case reinforces the county’s commitment to conducting thorough and transparent environmental reviews that meet or exceed legal standards,” John Hawk, a member of Imperial County’s Board of Supervisors, said in a press release on Thursday. “This ruling allows us to continue our work to transform Imperial County into a hub of clean energy innovation and sustainable economic growth.”