Media Contact:
Claire Hermann, chermann@earthworksaction.org
California Court of Appeal requires revisions to review of water and air impacts of the Hell’s Kitchen lithium project
A California Court of Appeal decision issued Tuesday requires Imperial County, California to revise its environmental review of Controlled Thermal Resources’ proposed Hell’s Kitchen geothermal and lithium project.
Comite Civico del Valle and Earthworks filed suit to demand that the company follow the law in 2024 and appealed the case in 2025. The case may now go back to the California Superior Court.
The Court of Appeal reversed key elements of the Imperial County Superior Court’s previous ruling on the matter. The environmental review is required by the California Environmental Quality Act.
“When companies come into a community, they need to respect the people who live there,” said Jared Naimark, western mining senior manager at Earthworks, an international environmental justice organization. “One way to show that respect is to follow the law from the start instead of cutting corners.”
“We urge lithium developers in California to avoid additional delays by following the law and respecting public health, water and air quality,” Naimark said.
Residents in Imperial Valley have a right to know more about how the project will affect water supply and the amount of dust in the air. CTR, led by Australian Rod Colwell, plans to use a relatively new technology called direct lithium extraction.
“This decision is not against lithium development,” said Luis Olmedo, Comite Civico del Valle’s executive director. “It is about getting lithium development right. Imperial Valley can lead the clean energy transition, while also protecting our water resources, public health and communities.
“Today’s decision reinforces a simple principle. Projects of this scale must be supported by credible evidence, not assumptions, about long-term water availability, enforceable mitigation, and impacts to surrounding communities. The transition to clean energy should never come at the expense of our local environment and the health of Imperial Valley families,” said Olmedo.
The court also found that Imperial County followed the requirements under state law to consult with affected California Indian Tribes. The project may affect historic places and sacred sites with significance to multiple tribes. Naimark said the community will have more chances to speak up for good stewardship of culturally important sites.
The Hell’s Kitchen project is just one of what could be many lithium extraction projects in Imperial County in the future. One of the world’s largest lithium deposits lies underneath the area. A number of companies have announced plans to build extraction facilities.
The county has proposed a plan that would allow these companies to bypass full environmental review. The public will have a chance to comment on the proposed plan in public hearings anticipated later this year.
“This decision makes it even more important for Imperial County to have a strong plan for its future,” said Jared Naimark, western senior mining manager at Earthworks. “Every company has a duty to respect sacred places where it does business. Residents still have a chance to make sure that happens here.”
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This release has been edited to clarify the court’s finding regarding tribal consultation.