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A new Oregon mining boom could be a bust for sage grouse

Sage grouse on a lek surrounded by mining claims in the McDermitt Caldera in southeast Oregon on Saturday, April 2, 2022. Leks are relatively flat clearings in continuous sagebrush where sage grouse congregate during mating season.
Bradley W. Parks
/
OPB
Sage grouse on a lek surrounded by mining claims in the McDermitt Caldera in southeast Oregon on Saturday, April 2, 2022. Leks are relatively flat clearings in continuous sagebrush where sage grouse congregate during mating season.

At least three companies have staked mining claims in some of the best remaining sage grouse habitat in Oregon.

Katie Fite crouched behind some waist-high sagebrush, and her dog Bell nestled in the plant鈥檚 cozy cavity to shield from howling winds.

It was the first Saturday in April, on a remote stretch of the Oregon-Nevada border. From where Fite and her dog sat, they could see more than a dozen male grouse displaying their tail feathers and issuing their signature zip-popping call to bring all the girls to the yard.

All around the lek 鈥 the flat, open areas where sage grouse congregate during mating season 鈥 were wooden stakes marking where mining companies may one day scrape away this crucial habitat to get at the minerals contained in the cake-soft earth of the McDermitt Caldera.

The old supervolcano straddling the state line is , making it a prime target for miners and prospectors looking to feed a growing hunger for batteries to store renewable energy and power electric vehicles.

It鈥檚 also some of the country鈥檚 best remaining sage grouse habitat, which has declined precipitously in the past century.

鈥淭here鈥檚 still hope for sage grouse here, unlike many other areas,鈥 said Fite, who鈥檚 monitored sage grouse for decades and now serves as public lands director for the conservation group Wildlands Defense. 鈥淏ut it鈥檒l be a death knell for sage grouse out here if industrial mega-mining for lithium takes place.鈥

Katie Fite examines a plugged drill hole on the Jindalee lithium claim site in the McDermitt Caldera on the Oregon-Nevada border Friday, April 1, 2022. Fite says mineral exploration has already damaged sage grouse habitat by carving new roadlets and tearing up large patches of sagebrush.
Bradley W. Parks
/
OPB
Katie Fite examines a plugged drill hole on the Jindalee lithium claim site in the McDermitt Caldera on the Oregon-Nevada border Friday, April 1, 2022. Fite says mineral exploration has already damaged sage grouse habitat by carving new roadlets and tearing up large patches of sagebrush.


Just a few years ago, the McDermitt Caldera was off-limits to new mining claims to protect sage grouse. But rule changes under the Trump administration opened the door to extractive industry, and industry walked in.

Multiple companies have staked mining claims in southeast Oregon and are issuing bold statements about the region鈥檚 lithium prospects to lure investors. Meanwhile, the Biden administration is in the U.S., further filling the mining industry鈥檚 sails.

The U.S. is heavily reliant on foreign imports of raw materials used in batteries, including lithium. That leaves the supply chain, and thus the country鈥檚 transition off fossil fuels, vulnerable to geopolitical conflicts like the U.S. and .

鈥淐learly, the U.S. needs guaranteed domestic supply,鈥 said Lindsay Dudfield, executive director of Jindalee Resources Limited, an Australian company exploring a large lithium deposit in Oregon鈥檚 Malheur County. 鈥淎nd so you鈥檝e seen bipartisan support for the development of critical minerals projects in the United States growing.鈥

Companies touting southeast Oregon鈥檚 mineral potential, including Jindalee, are several years away at the earliest from developing mines if they get to that point at all. Any mine would require state and federal approval that could face legal challenges.

But conservationists like Fite say the damage to sage grouse habitat has already started with exploratory drilling tearing up patches of sagebrush, and that any new mining would be devastating.

鈥淭his would represent a total, tragic loss,鈥 Fite said. 鈥淎nd I believe it has to be stopped.鈥

Open for business

Sage grouse need sagebrush to survive. They use the plant for food, brooding and shelter. The birds do best in areas with continuous, abundant sagebrush and minimal to no human disturbance.

Excessive livestock grazing, oil and gas production, residential development, wildfire and mining have chewed away about half of the sage grouse habitat the American West historically supported.

Population declines sent the birds hurtling toward the federal endangered species list before 2015 when U.S. government agencies .

A sagebrush plant is pictured in the McDermitt Caldera on the Oregon-Nevada border Saturday, April 2, 2022. Sage grouse rely on sagebrush for food, breeding and shelter, especially in winter.
Bradley W. Parks
/
OPB
A sagebrush plant is pictured in the McDermitt Caldera on the Oregon-Nevada border Saturday, April 2, 2022. Sage grouse rely on sagebrush for food, breeding and shelter, especially in winter.


Among other protections, the sage grouse plans recommended a 鈥渕ineral withdrawal鈥 to of the best remaining habitat in the country 鈥 including the McDermitt Caldera.

Sarah Stellberg, a staff attorney for the environmental law firm Advocates for the West, said the decision to keep sage grouse off the endangered species list was predicated on preventing new mines on those acres, called sagebrush focal areas.

鈥淭he concern is that if you allow development to go forward that there aren鈥檛 actually enough concrete mitigation actions to protect the bird in areas that are being mined,鈥 Stellberg said.

Interior Secretary Sally Jewell, under President Barack Obama, . That triggered a two-year period during which sagebrush focal areas were off-limits to new mining claims while the full proposal underwent environmental review.

But President Donald Trump鈥檚 first Interior secretary, Ryan Zinke, when he took office.

Under Zinke, the Bureau of Land Management allowed the temporary mineral withdrawal to expire and abandoned the environmental review of a permanent mineral withdrawal in 2017, saying 鈥.鈥

That decision opened the McDermitt Caldera for business. The industry has responded.

A wooden stake marks the Jindalee Resources mining claim amid a sea of sagebrush in the McDermitt Caldera on the Oregon-Nevada border Friday, April 1, 2022. The caldera is labeled by the federal government as the best of the best remaining sage grouse habitat.
Bradley W. Parks
/
OPB
A wooden stake marks the Jindalee Resources mining claim amid a sea of sagebrush in the McDermitt Caldera on the Oregon-Nevada border Friday, April 1, 2022. The caldera is labeled by the federal government as the best of the best remaining sage grouse habitat.


currently holds the only permit to explore for lithium in Oregon, but at least two other companies 鈥 and 鈥 have nearby claims they say could hold promising lithium deposits.

Advocates for the West challenged the Trump administration鈥檚 decision to abandon the mineral withdrawal in court and . As a result, the BLM is claims in prime sage grouse habitat, but it鈥檚 unclear how doing so now would affect existing claims in southeast Oregon.

Stellberg said every bit of habitat disrupted by mining or exploration, especially in well-preserved areas like the McDermitt Caldera, sends sage grouse closer to Endangered Species Act protection.

鈥淚f this is where we鈥檙e going to be allowing mines to go forward, then we鈥檙e left with lower-quality habitat that just can鈥檛 sustain the number of birds that we need to allow the species to persist,鈥 Stellberg said.

Drilling鈥檚 early toll

Fite slung a camera over her shoulder and set out on ranch roads to get an up-close look at the Jindalee mining claim, which covers thousands of acres on the Oregon side of the caldera north of McDermitt Creek.

The company drilled 11 holes in December to try to increase its confidence in the amount of lithium contained in its claim. So far, Jindalee estimates it has the second-largest known lithium deposit in the United States.

Despite and by state and federal agencies marking the area as key habitat for sage grouse, Lindsay Dudfield says Jindalee is not aware of birds lekking on its claim.

鈥淲e understand that there are no sage grouse leks on our claims,鈥 Dudfield said in an email, adding that the company still does not drill in winter or spring to minimize impact on breeding.

Katie Fite and her dog Belle walk a ranch road toward a sage grouse lek in southeast Oregon on Saturday, April 2, 2022. Male sage grouse perform their mating ritual around daybreak in the springtime.
Bradley W. Parks
/
OPB
Katie Fite and her dog Belle walk a ranch road toward a sage grouse lek in southeast Oregon on Saturday, April 2, 2022. Male sage grouse perform their mating ritual around daybreak in the springtime.


Signs of sage grouse are everywhere in the claim area, from stray feathers poking out of the dirt to piles of the birds鈥 Cheeto-like scat. Not to mention the nearby leks. Fite says neither Jindalee nor the government agencies regulating its activity have taken the time to look for sage grouse on the claim.

Over the course of multiple visits, Fite has documented new roadlets created by heavy machinery, piles of dead sagebrush and trash. She called the damage from exploratory drilling 鈥渃lassic habitat fragmentation鈥 that, even if legal and permitted, is terrible for the sage grouse. Breaks in the continuous carpet of sagebrush can, for instance, .

鈥淭hey鈥檙e gonna destroy the habitat in the exploration alone before they even get to the mining,鈥 Fite said.

Fite faults the BLM for allowing mineral exploration to go forward in such sensitive habitat when the agency鈥檚 charge under the 2015 federal sage grouse plans is to protect the birds. BLM spokesperson Brian Hires confirmed in an email that Jindalee鈥檚 claims are within , the agency鈥檚 label for the best of the best sage grouse habitat.

Katie Fite points to sage grouse scat in the tire treads of heavy equipment on the Jindalee lithium claim site in the McDermitt Caldera on the Oregon-Nevada border Friday, April 1, 2022. Jindalee says it's not aware of sage grouse inhabiting its claim.
Bradley W. Parks
/
OPB
Katie Fite points to sage grouse scat in the tire treads of heavy equipment on the Jindalee lithium claim site in the McDermitt Caldera on the Oregon-Nevada border Friday, April 1, 2022. Jindalee says it's not aware of sage grouse inhabiting its claim.


However, because the Trump administration scrapped the proposed mineral withdrawal in 2017, 鈥渢hese lands have been open鈥 to new mining claims, Hires said.

say any company exploring for minerals just needs to notify the agency of planned drilling activity at least 15 days before work begins. That鈥檚 if the amount of land disturbed is less than five acres. Anything more than that, and the BLM must accounting for impacts to land, water and wildlife.

Dudfield said all of the company鈥檚 exploration activities are reviewed by BLM and the Oregon Department of Geology and Mineral Industries to ensure compliance with environmental regulations. He added that Jindalee is conducting environmental and cultural studies to help it avoid sensitive areas.

What鈥檚 law got to do with it?

Experts argue mining regulations have not kept up with the industry.

The law governing most mining and prospecting on public lands is 150 years old. , an associate professor of political science at Providence College and an expert on lithium extraction, says the is woefully out of date when it comes to the environmental and social impacts of modern mining.

鈥淚t actually explicitly encourages prospecting in ways that can harm the ecosystems of public lands,鈥 Riofrancos said, adding that those lands are often in close proximity to Native American reservations.

A drill hole plugged with cement and capped on the Jindalee lithium claim site on the Oregon-Nevada border, Friday, April 1, 2022.
Bradley W. Parks
/
OPB
A drill hole plugged with cement and capped on the Jindalee lithium claim site on the Oregon-Nevada border, Friday, April 1, 2022.


Riofrancos has closely studied mining in Latin America, which includes such as lithium and copper.

As governments there have pushed to expand the mining industry, she鈥檚 found it鈥檚 come at a tremendous and cost. Riofrancos said that though the U.S. has stronger protections for the environment, labor and people, .

鈥淲e鈥檙e looking at a very invasive economic sector that is among the most environmentally destructive in the world,鈥 Riofrancos said.

Riofrancos said the U.S. needs to envision a transition off fossil fuels that minimizes the amount of material coming out of the ground.

President Joe Biden has been cautious about encouraging new mining even as he鈥檚 taken a number of steps to support battery production in the U.S., most recently to speed up the process.

Biden said at a White House event on critical minerals in February that the nation needs to 鈥.鈥

An open pit left behind at the abandoned Opalite mercury mine in the McDermitt Caldera on the Oregon-Nevada border is pictured Saturday, April 2, 2022.
Bradley W. Parks
/
OPB
An open pit left behind at the abandoned Opalite mercury mine in the McDermitt Caldera on the Oregon-Nevada border is pictured Saturday, April 2, 2022.


The Department of the Interior has formed a working group to . Some lawmakers, including Democratic Sen. Ron Wyden of Oregon, are at former mine sites and encourage more recycling of battery materials.

During a virtual town hall in March, Wyden said new mining projects can be carried out 鈥渨ithout throwing environmental laws in the trash can.鈥

Long road ahead

Several abandoned mines dot the McDermitt Caldera, including the Opalite mercury mine constructed in the 1920s. Warning signs stand before gaping pits, crumbling structures and huge piles of toxic waste.

People used to to use as fill for roads and driveways in the border town of McDermitt and on the Fort McDermitt Indian Reservation, eventually .

The mine predated most environmental regulations in place today, but mineral extraction itself is still extremely damaging 鈥 and in some cases done at a much larger scale. Opalite is a speck relative to the acres upon acres of adjacent mining claims.

鈥淭his is tiny compared to the devastation that would be wrought by lithium mining here,鈥 said Fite, standing at the mine鈥檚 old gate.

The abandoned Opalite mercury mine is pictured Saturday, April 2, 2022, on the Oregon side of the McDermitt Caldera. The site includes large piles of hazardous waste, dilapidated structures and mining equipment.
Bradley W. Parks
/
OPB
The abandoned Opalite mercury mine is pictured Saturday, April 2, 2022, on the Oregon side of the McDermitt Caldera. The site includes large piles of hazardous waste, dilapidated structures and mining equipment.


Achieving climate goals like and will require lithium and other raw materials. Some in Oregon and elsewhere in the country are eager to see the jobs and economic development that would accompany a new mining boom.

Many conservationists acknowledge that some new extraction may be necessary to meet future demand for these materials, but they鈥檙e urging government officials to be extremely cautious about where new mines are located.

Fite says mining in southeast Oregon, even for a metal as critical to fighting climate change as lithium, would be disastrous.

鈥淵ou don鈥檛 save the planet by tearing up intact wildland ecosystems,鈥 Fite said.

The flurry of mining claims and exploration on the Oregon-Nevada border has galvanized conservation groups like Fite鈥檚 and Native American tribes. They鈥檙e lining up to defend the landscape from new mining, particularly the Jindalee project and the proposed in Nevada.

Dudfield estimates Jindalee is at least five years and a lot of work away from proposing a mine if it ever does.

鈥淎t any fork in the road, there can be a roadblock that stops you,鈥 Dudfield said. 鈥淭he lithium price could fall. There could be some sort of permitting issue that arises. And so we can鈥檛 just flick a switch and produce lithium immediately.鈥

Sage grouse could be a big roadblock.

The birds have continued to suffer, despite efforts to save them. A says the sage grouse population has dropped 80% since 1965, and about half those losses have come in the past two decades alone.

Jindalee has paused its mineral exploration in southeast Oregon until summer, and sage grouse are holding court on the sprawling high desert landscape. For now, the McDermitt Caldera still vibrates at daybreak with the ploinking song of this iconic Western bird.

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