Judge halts drilling near Pe’Sla as Tribes prepare for major hearing in May

RAPID CITY – On Monday, a federal judge ordered an immediate halt to all drilling near Pe’Sla, the high mountain meadow at the heart of Lakota, Dakota, and Nakota creation stories.

“Today we beat the United State government. To protect our sacred sites. Pe’ Sla is a sacred place,” said Cheyenne River Sioux Tribal Chairman Ryman LeBeau on the steps of the Andrew Bogue building after the hearing. He was joined by Oglala Lakota Sioux Tribal Chairman Frank Star Comes Out who said, “The fight is not over yet. This is only the beginning. Stand strong, stand together, stand united.”

The ruling came after tribal nations, Native organizations, and non-profits rushed to court to protect the sacred site from a graphite exploration project approved by the U.S. Forest Service. The Rochford Mineral Exploratory Drilling Project called for drilling up to eighteen boreholes—each as deep as 1,000 feet—along with building more than 5,000 feet of temporary access routes and establishing two staging areas.

Instead of preparing a full Environmental Impact Statement (EIS) or even an Environmental Assessment (EA), the Forest Service approved the project in February 2026 using a “categorical exclusion” (CE) meant for short-term investigations lasting one year or less. But the agency’s own documents show the project would require two to three years of post-drilling reclamation, including weed treatment, reseeding, and annual inspections. The reclamation bond would not be released until three full years of successful monitoring were complete.

Judge Camela Theeler granted a Temporary Restraining Order (TRO) on May 5, stopping the company, Pete Lien & Sons (PLS), from continuing any drilling or ground-disturbing work. She determined in the interim that the company may remove its equipment from the area and that the Plaintiffs each must pay a ten-thousand dollar bond.

Valeria Big Eagle, Director of He Sapa Initiatives at NDN Collective confirmed to Native Sun News Today that the total twenty thousand dollar bond had been paid by the required deadline and equipment was moved out.

“It feels great to be on the land,” she reported from the Pe Sla Protectors camp on Tuesday evening. She commended the Forest Service for their cooperation, noting that Protectors hadn’t wanted to work with Pennington County law enforcement. “We peacefully coordinated with the Forest Service to remove the equipment. Watching the drills leave the site, it was amazing.”

During court proceedings, lawyers for the U.S. Forest Service argued that the Plaintiffs claims of harm were speculative and that the drilling was not within Pe Sla and could not be seen or heard. They said that PLS had conducted a noise test and compared the project noise to only a “whisper.” Plaintiffs rebutted saying that noise had already impacted ceremonies many of which can only occur at that site during this season.

In her order, Judge Theeler recognized that drilling had already begun at several locations and that the project sits inside the cultural landscape of Pe’Sla, including areas within the two-mile protection zone the Forest Service itself acknowledged in a 2024 agreement with the Oceti Sakowin (Great Sioux Nation). She wrote that the harms described by the tribes were not hypothetical. Some had already occurred, including disruptions to ceremonies that take place only at this time of year and only at Pe’Sla. She also noted the risk to water, medicinal plants, and a “globally rare ecosystem” that has survived in the Black Hills for generations.

The judge found that the Forest Service likely violated federal law when it approved the project under a “categorical exclusion,” pointing to the agency’s own documents. Because of that, she concluded the approval was probably unlawful and that the tribes had shown a strong case for stopping the project while the court reviews the agency’s decision.

The lawsuits were brought by two groups: one led by NDN Collective, Black Hills Clean Water Alliance, and Earthworks, and another filed by nine Sioux tribes — Cheyenne River, Crow Creek, Lower Brule, Oglala, Santee, Sisseton-Wahpeton, Spirit Lake, Standing Rock, and Yankton. Together, they argued that the drilling threatens a place central to the identity, spirituality, and history of the Oceti Sakowin. Pe’Sla is not just a location on a map; it is a living part of the people, a place where stories, songs, and ceremonies connect generations.

The judge has now set the next major step in the case. On May 20 and 21, the parties will return to federal court for an evidentiary hearing. At that hearing, Judge Theeler will decide whether to extend the stop-work order for the rest of the lawsuit or lift it and allow drilling to resume. If she extends it, the pause on the project could last many months, possibly years, while the court reviews the Forest Service’s approval in full.

Tyrone Big Crow, who is from Rosebud and lives in Rapid City was one of the estimated two hundred people who came in support of the Plaintiffs. He likened this victory to another in the early 1990’s, a time when Indigenous people were litigating against appropriations of their names and sacred figures.

“In 1992, my brother Seth Big Crow fought and won a case against a brewing company.” Big Crow was one of the central figures in the legal fight to protect the name of Crazy Horse, after a beer company used his name and likeness.

Due to protests and pressure from Congress, a law was passed banning the use of the Crazy Horse name on alcohol labels..

This conflict over Pe’Sla is unfolding during a year of major national reflection. The United States is preparing to mark its 250th anniversary, while Native Nations are observing the 150th anniversary of the Battle of the Little Bighorn. For many in the Oceti Sakowin, the timing underscores how long these struggles over land and sacred places have continued. As the country commemorates its history, the effort to protect Pe’Sla highlights that questions about treaty rights, stewardship, and the future of sacred sites remain very much alive.

For now, the drills are quiet. The land is still. And the future of Pe’Sla — at least for the moment — rests in the hands of the court, as tribal nations prepare to stand before the judge once again later this month.

(Contact Marnie Cook cookm8715@gmail.com)

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