The community nonprofit in Imperial County says the Hell’s Kitchen geothermal plant and lithium mine was approved without adequate environmental considerations to water supply, tribal cultural resources and air quality.
SAN DIEGO (CN) — A community nonprofit opposed to the development of a lithium mine and geothermal power plant in California’s arid Imperial County asked a state Court of Appeal panel on Thursday to reconsider their petition aimed at halting the development of the project.
Comite Civico del Valle argued to the panel the Imperial County Board of Supervisors violated the California Environmental Quality Act after it approved the project based on a flawed and inadequate analysis of the project’s environmental impacts in 2024. A judge denied their petition last year.
Attorney Doug Carstens argued to the three-justice panel the project’s environmental impact report overstated the water availability in Imperial County and did not fully appreciate the impact the project would have on an agricultural region that already suffers from strained water resources.
The project is expected to use 6,500 acre-feet of water — or a little more than 2 billion gallons — per year, Carstens told the panel.
Add to that the increasing demands from other industrial, agricultural and renewable energy projects in the region.
“Those water demands will be growing upon the seemingly limited supply of water,” Carstens said. “There are a lot of straws in that pool.”
The project, titled Hell’s Kitchen, is situated near the Salton Sea, which sits on top of one of the largest geothermal fields in the world. Controlled Thermal Resources, the company behind the project, says lithium can also be extracted in the geothermal power generation process — though that technology hasn’t been tested on a large scale yet.
In their opening brief, the nonprofit and its co-plaintiff environmental organization Earthworks argue the project is expected to operate for 50 years, but a water supply assessment only analyzes 20 years of availability, leaving a significant gap of uncertainty. They also point to warnings from the Imperial Irrigation District over the sufficiency of water resources.
“Water that seems available today may not be available in 30 or 50 years,” Carstens told the panel.
He cited the consistent draughts, failing reservoir river levels and Colorado River shortages, which he said the environmental impact report failed to adequately consider.
Carstens also argued Imperial County failed to adequately consult with the regional Native American tribes that have cultural ties to the area where the sprawling project would take place. According to Carstens, only two tribes in the region were consulted.
Comite Civico del Valle also cited the project’s potential impacts on air quality. As the Salton Sea recedes due to evaporation and increased water demand, the harmful chemicals in the lake bed become exposed and can pollute the air.
Imperial County disputed much of Carstens’ argument.
Attorney Suzanne Varco, representing Controlled Thermal Resources, said 36 tribes were contacted and none of them said they knew of cultural resources at the project’s location.
She described various communication efforts with different tribes going back to 2016. It wasn’t until much later, after the consultation period ended in 2022, that a tribal elder from the Kwaaymii Laguna Band of Indians asked to be consulted, Varco said.
However, Associate Justice Truc Do and Associate Justice Julia Kelety both said they were confused by the impact report’s inconsistencies over 30- and 50-year water availability timelines.
“None of these documents give me confidence we’re looking at a 50-year timespan,” Do said.
Attorney Nathan George, representing Imperial County, argued some of the 30-year timelines were erroneously included, but that the overall project timeline was ultimately 50 years. He also explained that the 50-year timeframe is described in the final draft of the environmental impact report.
Do and Kelety were joined on the panel by Chief Justice Terry O’Rourke.
Companies have relied on the geothermal energy in the area to generate electricity since the 1970s. The lithium that can be extracted during that process is the main component of the batteries that power electric cars. California estimates there is enough lithium under the Salton Sea to provide about one-third of the world’s current lithium demand.
Proponents of the project say mining lithium could bring jobs and much-needed tax revenue for social services to one of California’s poorest counties.
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