The Environmental Impact Report (EIR) for the Hell’s Kitchen Lithium Project underwent a rigorous review process, including multiple public meetings, consultation with stakeholders and agencies, and careful consideration of all input. After a thorough review process, on January 23, 2024, the Imperial County Board of Supervisors approved the Hell’s Kitchen project and certified the EIR. On March 13, 2024, Comite Civico del Valle (CCV) and Earthworks filed lawsuit with the Imperial County Superior Court against the County and the project. On October 31, 2024, the court ordered clarification on key disputes, allowing both parties an opportunity to provide additional information. On January 10, 2025, the court issued a tentative ruling against CCV and Earthworks. On February 6, 2025, in response to the anticipated dismissal, CTR announced plans to begin construction as early as June 2025 and stated hiring for long-term positions would begin around that time as well. On February 26, 2025, the court officially denied the writ of mandate and deemed the CCV and Earthworks case as meritless. On March 10, 2025, CCV and Earthworks announced initiating an appeal for the case to be heard in the 4th District Court of Appeal.
You may be wondering what allows someone to appeal the decision of a superior court to be re-considered in an appeals court. The appellate courts of California state a person can appeal the ruling of a superior court if, “A person can claim there was a legal error in their trial,” “the judge made a mistake in applying the law or did not allow important evidence to be included,” or “the law itself can be challenged as unconstitutional.” Interestingly, while CCV and Earthworks continue the appeals process in the Hell’s Kitchen Project, they also continue parallel efforts to receive a financial settlement from the Project, which they state would result in them dropping the lawsuit. On September 22, 2025, in a press release Earthworks stated, “A simple agreement would pave the way for Hell’s Kitchen to move forward: the creation of an environmental impact program funded by a fee tied to the project’s annual water use,” stated Jared Naimark. Naimark continued by saying, “We have been and remain open to settlement talks to implement reasonable environmental mitigation measures.” Is this lawsuit on Hell’s Kitchen Project about an error of the superior court and a violation of CEQA or is the lawsuit about leverage for a financial settlement? In addition to the strictest environmental regulations and fees in the country, should environmental justice groups also be entitled to imposing additional programs and fees on industry or development in our region?
Today, we are twenty months past the day the County approved the Hell’s Kitchen project. Twenty months past the opportunities and benefits this project could have brought to our community. By the end of this year, this project could have been producing clean, renewable energy for our State and a domestic supply of critical minerals for our country. This project, which has an all-trades agreement, could have already employed over 500 construction jobs and could be in the process of hiring 75 full-time employees to start new, high paying careers. Imperial Valley College’s Lithium Industry Force Training (LIFT) program could have graduates engaged with this geothermal and commercial lithium facility and ready to transition into full time roles. San Diego State University’s new STEM facility, opening this January, could have students and teachers learning at the heart of innovation, right here in Imperial Valley. Calipatria School District and Pioneers Memorial Health District could be receiving millions of dollars in property tax payments over the next few years. The Hell’s Kitchen project could already be bringing tremendous economic growth to this region and real community benefits to all its residents.
“Imperial County has made it clear: we take our environmental responsibilities seriously, and we follow the law,” added Supervisor Ryan E. Kelley. “Rather than working together to elevate the region, this lawsuit created costly and unnecessary delays for a project that will deliver long-term economic and environmental benefits to our residents.”
The County remains steadfast in its belief that CTR’s Hell’s Kitchen project EIR complies fully with CEQA requirements and provides a robust framework for balancing environmental stewardship with economic development. Further, the County is confident that its CEQA analysis for the Hell’s Kitchen project meets all legal and environmental standards.
Lithium Valley – Addressing a Broader Pattern
It is increasingly clear that the tactics being deployed against the Hell’s Kitchen project may be part of a broader pattern that will continue by some groups as development opportunities arise across our region, including Lithium Valley. Some advocacy groups have shifted from raising legitimate environmental concerns into using the CEQA process as leverage to extract concessions and impose additional fees that go beyond the law’s intent. What is happening with Hell’s Kitchen is a cautionary example: if this approach becomes the norm, every subsequent project in Lithium Valley will risk being delayed, saddled with duplicative costs, or forced into settlements that prioritize outside agendas over the real needs of Imperial County residents.
This dynamic does not serve local communities like ours that face over an 18% unemployment rate and 21% poverty, nor does it advance California’s clean energy or national security priorities.
The County values all voices in our community and will continue to promote development that both protects the environment and ensures projects can move forward in a fair and timely way.
Rejecting Mischaracterizations and Unnecessary Bureaucracy
The recently released report by CCV and Earthworks misrepresents the facts, portrays Imperial County as inattentive to environmental concerns, and advances proposals that would only delay development while creating unnecessary layers of bureaucracy. The County strongly disagrees with the report’s claims and believes they are intended to obstruct progress rather than support it.
Environmental justice groups, businesses, academia, agencies, and residents all have every right to voice concerns, but attempting to impose duplicative structures such as a new Joint Powers Authority (JPA) and additional environmental impact fees amounts to an effort to extract money from developers rather than engage in constructive solutions. Such demands, on top of the most stringent environmental regulations in the nation, risk pushing investment and jobs away from Imperial County and California altogether.
The County’s Commitment to Community Benefits
The County of Imperial does not support the creation of a Lithium Valley JPA because such a structure would be duplicative of policies and programs already enacted to ensure meaningful community investment, tribal engagement, and workforce development. Rather than adding another layer of bureaucracy, the County has taken proactive steps to directly address the needs and priorities of local residents through mechanisms that are transparent, inclusive, and accountable.
Historically, renewable energy projects in Imperial County have made a big impact on our region. For example, through the community benefits program funded by local solar projects, there has been over one million dollars given out in grants. These grants truly represent diverse opportunities that benefit our community across the region including:
$25,000: Westmorland Community Food Pantry
$25,000: Best S.T.E.P. Forward
$19,150: Calipatria Lions Club
$12,500 Christ Community Church
$11,500: Holtville Takedown Club
$25,000: Humane Society of Imperial County
$25,000: Keeping Youth on Track Education/Safety (KYOTES)
$25,000: Cancer Resource Center of the Desert
$25,000: City of Calexico Fire Department
$8,000: City of Brawley Senior Center
In addition to this County community benefit program, renewable energy projects have also invested in infrastructure improvements for the community like new bridges, the Seeley Cooling Center as well as Ocotillo community initiatives. Collectively, they have directly donated over a million dollars in the Imperial Valley through sponsorships, scholarships, and community projects. The County has seen significant positive impact from its existing community benefit programs as well as industry community engagement and the County foresees continued success from its comprehensive Lithium Valley community benefit plans. If Lithium Valley is developed, it will not only expand clean energy and a domestic supply of critical minerals, it will also bring extensive workforce opportunities to our region, infrastructure advancements, and a new Lithium Community Benefits Program. This program will be funded through the industry paid tax, enacted through Senate Bill 125, which creates a lithium extraction excise tax that is paid by industry who are recovering lithium from the geothermal brine in our region.
On September 10, 2024, the County Board of Supervisors passed the Lithium Extraction Excise Tax Funding Plan, which outlines a plan, in line with SB 125 legislation, for whom revenue from the tax will be distributed. This includes distribution of funds directly to cities in our region, enhancements to services offered countywide to all residents by County administration, as well as the development of Lithium Community Benefits Program. As outlined in the Plan released last year, once commercial lithium production begins, the County will establish the Quality of Life Advisory Committee (QLAC). This advisory body will provide recommendations for the Lithium Community Benefits Program.
The QLAC is composed of fourteen representatives from across the community, including agriculture, health, residents, youth, economic development, education, environmental, faith-based, labor, small business, chamber of commerce, and tribal representatives. An Imperial County Supervisor will serve as Chair. Meetings will be open to the public and will provide a forum for residents to propose ideas for community improvements. This structure ensures that lithium revenues are invested in projects that enhance the quality of life for all Imperial County residents, with a focus on long-term and equitable outcomes.
Environmental Conditions in Imperial County
Imperial County is no stranger to environmental challenges. Our residents already live with some of the poorest air quality in the state and the ongoing crisis of the receding Salton Sea. The lithium extraction excise tax, paid entirely by industry, not by residents, directly dedicates 20% of its revenue to Salton Sea restoration, creating a clear pathway to improve conditions that have plagued this region for decades. Without Lithium Valley, those revenues will never materialize, and existing conditions will remain unchanged, or grow worse. Advancing responsible lithium development is not just about jobs and economic growth, it is also about securing the environmental restoration and public health improvements that our community desperately needs.
Help Us Advance Opportunities for our Region
Imperial County is dedicated to advancing Lithium Valley in a way that delivers real and lasting benefits for our entire region and its residents. Continued litigation and delay tactics threaten to stall projects that would otherwise bring jobs, infrastructure, and environmental restoration to Imperial Valley. We encourage all community members to stay engaged and share their perspectives so that the future of Lithium Valley reflects the voices of the people who live here, rather than being defined by a limited set of voices or interests. Together, we can ensure that Lithium Valley fulfills its promise as both a clean energy hub and an engine of opportunity for generations to come.
Share your thoughts: LithiumValley@co.imperial.ca.us
Discover more: LithiumValley.Ca
