SIOUX FALLS, S.D. — Nine Native American tribes filed a federal lawsuit in U.S. District Court for the District of South Dakota seeking to halt exploratory graphite drilling near Pe'Sla, a sacred meadow in the central Black Hills. The complaint names the U.S. Forest Service and the U.S. Department of Agriculture, alleging the agencies violated the National Historic Preservation Act and the National Environmental Policy Act by approving the project without an environmental review.

On Monday, plaintiffs filed motions for an emergency temporary restraining order and a preliminary injunction to block drilling activity at the site. The lawsuit was filed by NDN Collective, the Black Hills Clean Water Alliance, and Earthworks, arguing that the project threatens sacred land, water resources, and treaty-protected rights.

Pe'Sla is used for tribal ceremonies, prayer, and youth camps year-round. Parts of the meadow are owned by Sioux tribes, which purchased land in 2012, 2015, and 2018, and a prior agreement with the Forest Service established a two-mile buffer zone on surrounding public lands. According to NDN Collective, some of the drilling pads are located within that buffer zone.

"We as Lakota people have been coming and praying and holding ceremony at these places for over 2,000 years. And it's important that these sacred places be protected for future generations to come," said Wizipan Garriott, president of NDN Collective and a member of the Rosebud Sioux Tribe. "As Lakota, we pray as long as we need to," he added.

The Forest Service granted the project a permit in February under a categorical exclusion, citing requirements such as a duration of less than a year and a finding that the work would not affect environmental and cultural sites. Tribal opponents disagree that those requirements were met and say exploratory drilling projects often lead to future mines. The plan calls for drilling up to 18 holes approximately 1,000 feet deep to collect samples.

"Last week, we became aware that there are at least two active drill pads already operating at Pe' Sla, both within a zone protected for cultural and religious use. It's clear the project is determined to go full steam ahead within the sixty day window that the U.S. Forest Service has to respond to our lawsuit – so we filed these motions to stop the drilling before irreparable damage is done to the land," said Tracey Zephier, general counsel for NDN Collective.

The mining company involved is Rapid City-based Pete Lien & Sons, which supplies materials such as limestone, sand, and gravel. The company did not return email requests or voicemails for comment on Thursday and Sunday. Advocacy groups have submitted more than 6,000 petition signatures and thousands of public comments urging the agency to rescind the permit.

"This is a water issue, a human rights violation, an ecological threat, a slap in the face to Indigenous peoples, and a danger to religious and cultural freedom for everyone. Everyone living in Rapid City and Ellsworth Air Force Base, as well as tribal communities and ranchers downstream along the Cheyenne River, should be gravely concerned about the potential this project has to contaminate their drinking water," said Lilias Jarding, executive director of the Black Hills Clean Water Alliance.

A small group of demonstrators has been protesting at the drilling location and at the company's headquarters since late April. On April 30, 2026, masked demonstrators sat atop drilling equipment in Pennington County, S.D., with banners reading "Sacred ground not mining bound" and "Protect Pe'Sla," and attempted to block access to drilling pads. NDN Collective said the Forest Service paused drilling for the rest of the day and sent contractors home after the action.