Lawsuit challenges Forest Service permit for graphite drilling at Pe’ Sla
Advocacy groups say the Forest Service bypassed full environmental review for a multiyear graphite project and seek a court order to stop it
NDN Collective, Black Hills Clean Water Alliance and Earthworks filed a lawsuit against the U.S. Forest Service over its February decision to approve exploratory drilling at Pe’ Sla, according to a statement from the groups. The lawsuit argues the agency improperly used a “categorical exclusion,” which allows projects to proceed without a full environmental review, despite the graphite project being expected to last at least three years.
The groups say the project could harm the site’s cultural and religious uses and impact water in the Rapid Creek watershed. According to the statement, a 2024 memorandum of understanding between the Forest Service and Oceti Sakowin tribal nations established a 2-mile buffer zone around Pe’ Sla and recognized its cultural importance. The lawsuit asks a federal court to reverse the permit and halt further activity.