Burning Man Joined by Paiute Tribe, Homeowners in Lawsuit Against the Feds

[Leroy N. Soetoro]

<https://sfstandard.com/arts-culture/burning-man-blm-lawsuit-ormat-
geothermal-gerlach-paiute-tribe/>

The legal battle to prevent geothermal mining near the Black Rock Desert
town of Gerlach, Nevada, took another step forward Monday.

The Summit Lake Paiute Tribe, Gerlach Preservation Society and several
local residents joined a lawsuit filed against the Bureau of Land
Management by Burning Man Project and four other litigants in January.

“With the close proximity of the proposed geothermal facilities to the
Summit Lake Paiute Indian Reservation, the Tribe has serious concerns
about this project overall, and how rushed the approval process has been,”
Summit Lake Paiute chairwoman Randi Lone Eagle said in a statement.

“We are greatly troubled by the potential water and natural resource
impacts, and the possible negative effects on our historic lands,” Lone
Eagle added. “Government consultation with our Tribe through this process
was inadequate, and the cycle of exploitative practices in the name of
energy generation must stop.”

For more than 30 years, the San Francisco-based nonprofit has held the
annual gathering of 80,000 “Burners” on federal land 15 miles north of
Gerlach. Over the decades, Burning Man has become a major property owner
and employer in the tiny, Old West town two hours north of Reno that
famously serves as the last stop before the entrance to the event.

“Our interests go beyond the large-scale event we produce in the Black
Rock Desert,” said Burning Man Project’s Director of Government Affairs
Marnee Benson in a statement. “We’re deeply invested in the Gerlach
community and in creating long-term opportunities for tourism,
sustainability, and economic development.”

READ MORE: Burning Man Fights the Feds to Save Its New Home in the Old
West

The lawsuit pits Burning Man, two environmental organizations and two
local property owners against the federal government for approving a
geothermal drilling exploration project in the town’s backyard. Residents
and opponents say the approval was fast-tracked and did not include a
rigorous examination of the impact that drilling and the potential for a
future power plant would have on the residents, economy and environment.

Gerlach residents Will Roger and his partner Crimson Rose, who are part of
Burning Man’s founding team, have signed onto the amended complaint, along
with locals Stacey Black, Margie Reynolds, Jason Walters and Dave Cooper.

“The proposed geothermal plant would destroy the solitude, dark skies and
wilderness all around Gerlach—all the reasons why we live here,” Roger
said in a statement. “All our natural hot springs would dry up, adversely
affecting wildlife habitat and probably destroy our homes due to
subsidence.”

Indeed, locals are also worried that Gerlach’s homes and storefronts could
subside, or sink, when mining begins. There is an increasing body of
research showing that geothermal mining of deep subterranean water often
dries up surface-level hot springs.

In Gerlach, hot springs both surround and underpin the town, causing
buildings to occasionally subside even without mining. Residents of the
struggling town of about 125 people say they are being asked to take all
the risk for the project without receiving any benefit.

The Bureau of Land Management refused to comment on the pending
litigation. Ormat, the geothermal energy company that owns the mining
claims in Gerlach and will perform the drilling, says Burning Man is
unnecessarily fostering anxiety around the project with locals. The
company told The Standard last month that it is confident that the project
will proceed.

Ormat’s comment regarding the new litigants added to the suit today was
not received by press time.

A Green Gold Rush in the Silver State
The need to bring sustainable power projects online has become more urgent
after the Biden Administration announced a goal of reaching a zero-carbon
power grid by 2035. Renewable energy advocates say projects such as this
are critical to achieving that goal.

Ormat is a global leader in geothermal energy projects and currently runs
15 mines in Nevada alone. Its facilities produce enough energy to power
325,000 homes in the state.

And because 80% of Nevada’s land is federally owned, the state is seeing a
“land rush” to get geothermal, solar and other mining projects off the
ground. Nevada produces 24% of America’s geothermal power and sends much
of that energy west to California. In fact, Ormat told The Standard that
37% of the green power it produces is sold directly to the Golden State.

READ MORE: Burning Man CEO Explores Its ‘Absolutely San Francisco’ Culture

Neither Burning Man nor the residents of Gerlach or environmental
organizations involved in the lawsuit say they oppose sustainable energy
projects. Their question is why the project needs to be just hundreds of
feet away from their properties in a historic small town.

“The Ormat proposal in Gerlach is unprecedented as it would be the first
geothermal plant built right next to an existing community,” Roger said.
“There are hundreds of other geothermal locations throughout Nevada where
the impacts would not directly affect a community.”

Following the amended complaint filed in federal court Monday, the next
step in this legal fight will take place at the local level. Washoe County
officials will hear an appeal to its approval for the project later this
month.


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