Federal Judge Camela C. Theeler has stopped Pete Lien and Sons’ search for graphite in the heart of the Black Hills while American Indians and environmentalists sue to stop the mining project:
A federal judge in Rapid City granted a temporary restraining order Monday evening against exploratory drilling near the high mountain meadow known as Pe’ Sla, or Reynolds Prairie, in the central Black Hills. The ruling came after a hearing that drew an overflow crowd of people opposed to the project.
Pe’ Sla is one of several Black Hills sites that corresponds with celestial features in traditional Lakota spirituality. Lakota people use the area, some of which is tribally owned, for prayer, ceremonies and cultural activities.
The order requires Pete Lien & Sons to halt its project temporarily while the lawsuit against it continues. The company is exploring for graphite, which is used in electric vehicle batteries, lubricants, pencils and other products [Seth Tupper, “Opponents Win Temporary Order Against Drilling Project Near Culturally Significant Black Hills Site,” South Dakota Searchlight, 2026.05.05].
Judge Theeler’s temporary restraining order says the plaintiffs—including NDN Collective, Black Hills Clean Water Alliance, Earthworks, and nine federally recognized tribes—”are likely to succeed on the merits of their claim” that the U.S. Forest Service “acted arbitrarily” when it approved the exploratory drilling and that the project will last more than the one-year limit for projects that fall under a lower standard of scrutiny. The TRO also finds that letting the drilling proceed would do irreparable harm to sacred land and tribal religious practices, water quality, landscape, and the plaintiffs’ procedural rights that all outweigh the temporary economic harms of making Pete Lien and Sons wait to drill for graphite. Finally, Judge Theeler finds that the public interest in “lawful environmental review” overrides the public interest in mineral development.
The TRO remains in effect until the evidentiary hearing scheduled for May 20–21 in Rapid City.