Nine Native American tribes located in South Dakota, North Dakota and Nebraska have filed suit in a South Dakota federal district court challenging the federal government's approval of extensive drilling for graphite, with attendant ground-disturbing operations, in Black Hills National Forest. The complaint (full text) in Cheyenne River Sioux Tribe v. U.S. Forest Service, (D SD, filed 4/30/2026), alleges in part:
5. Before approving the Project, the USFS failed to engage in meaningful, mutual, and legally required government-to-government consultation with Plaintiff Tribes, as required by federal law,....
7. The USFS categorically excluded the Project from the proper environmental, public, and cultural resources review required by NEPA....
21. Plaintiff Tribes consider Pe’Sla to be one of the most precious sacred sites in the heart of Ȟe Sápa. It is in the middle of the place where Plaintiff Tribes originated, and it is central to their existence. Pe’Sla is home to hundreds of cultural properties and numerous historic sites, archeological sites, cultural sites, and Traditional Cultural Properties ....
28. Plaintiff Tribes and their members use and value the lands at Pe’Sla for traditional, cultural, and religious purposes, including prayer, ceremonies, cultural activities, and traditional youth camps....
60. The Project will disturb and harm historic, archaeological, and cultural sites at Ȟe Sápa and Pe’Sla, the lands, water, natural resources, and fish and wildlife at Ȟe Sápa and Pe’Sla,and the Plaintiff Tribe’s traditional, cultural, and religious use of Ȟe Sápa and Pe’Sla....
AP reports on the lawsuit.