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pollution would have cumulative effects and the air quality in the area would decrease significantly. ENVIRONMENTAL REVIEW PROCESSES The quality and extent of environmental analyses are major point of friction between stakeholders at Thacker Pass. The largest issues center on the normative standards of review, the environmental impact statement (EIS) produced for Thacker Pass, and reclamation policy. Issues with Normative Standards Several stakeholders thought current regulations and policies at the state and federal level lacked impartiality and the necessary rigor to perform an effective environmental review. The process of developing a mine starts with industry investigating the availability of mineral resources and committing its own financial resources to a proposed project. According to one environmental advocate, industry involvement at the beginning of the process is the first flaw. As a consequence, the same stakeholder noted, “the more money that’s invested, the more likely a company will be unwilling to walk away from a project, even if it has fatal flaws. Instead, these companies double down.” To fix this process, a stakeholder recommended that environmental reviews occur much earlier in the process, which would better inform decision making about whether or not a firm should pursue mining. Currently, industry is the often the first party to provide information to communities about a project. Another stakeholder stated, “the [company looking to mine] essentially come in with a sales pitch to the community. It can be ultimately and genuinely helpful, but really seems like an effort to assuage opposition. There is no sense of independent assessment.” When it comes to the EIS, there are significant concerns according to the majority of environmental stakeholders. One stakeholder commented that the EIS review process lacks the rigor it deserves: “it’s an opportunity for developers and for the BLM [Bureau of Land Management] to check a box and say they did it.” The stakeholder further commented this may also represent a lack of capacity and technical expertise by the government to perform these tasks. The issue of government capacity was brought up by each environmental organization that participated in this study. According to one stakeholder, agencies do have expertise on some, but not all, aspects of a project. Consequently, there are gaps. Another concern is regulatory capture from federal agencies. Two stakeholders stated the BLM was too lenient with industry and the priorities of mining companies, neglecting their duty to administer public lands. This raises the questions of government agencies’ objectivity and ability to provide an independent assessment. Other stakeholders pushed back on the negative assessment of the environmental review processes by the state and federal government. County officials stated that the system as a whole is currently designed to meet the demands of all parties and believed the EIS and the Nevada mining permitting process is administered fairly. Another stakeholder maintained the integrity of the environmental review process, and also explained regulations are constantly morphing to meet current demands. They cited the Clean Air Act, the Clean Water Act, and National Environmental Protection Act (NEPA) as pieces of legislation that evolve and work to protect the environment. Despite the poor record of mining contamination in Nevada noted by every stakeholder, several stakeholders state that Nevada now has some of the most protective rules in the U.S. and the most responsible reclamation policy on the planet. However, there are still shortfalls in regulatory policy according to those interviewed. Some cited the lack of consistency within government agencies such as the BLM. They said the same set of rules, regardless of a project, should be applied and that the process should be transparent. Another stakeholder commented that there can and always will need to be improvements, noting recent work on a bad actor mining bill that would disqualify any actor with a blemish on their record from violating environmental laws. Thacker Pass Processes While environmental stakeholders are concerned about the overall process of environmental approvals related to mining, there are specific concerns related to Thacker Pass. All environmental organizations expressed concern about the pace of the permitting by the BLM through the EIS. The Trump Administration expediated the permitting process to six months, with final approval given approval in January of 2021, just before the Biden Administration took office. The process typically takes on average 3.4 years (deWitt and deWitt 2008). Now there is concern Potential Lithium Extraction in the United States: Environmental, Economic, and Policy Implications 62 AUGUST 2022PDF Image | Potential Lithium Extraction in the United States
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