Salton Sea lithium: California's extraction tax (SB 125) and the Hell's Kitchen project, Imperial County
- The record does not name which of my species, waters, soils or forests were harmed.
- Government and regulators County of Imperial (environmental impact report): Approved the project's environmental review, which a trial court upheld in January 2025 when it rejected the challenge. LAist / CalMatters
- Courts Fourth District Court of Appeal (August 2026): Found "insufficient evidence" that IID can supply adequate water for the project's expected lifespan and that the review did not address possible Colorado River cuts. Times of San Diego (Capital & Main)
- Government and regulators Imperial Irrigation District: Called the water supply assessment "incomplete and contains inaccurate data". Times of San Diego (Capital & Main)
- Communities and civil society Comité Cívico del Valle and Earthworks: Said the review was inadequate; Earthworks' Jared Naimark: "They can't just say, we'll figure that out later." LAist / CalMatters
California's 2022 lithium extraction tax charges US$400 to US$800 per metric ton of lithium carbonate equivalent and directs 20% of revenue to a Salton Sea Lithium Fund. The Legislative Analyst's Office reported in February 2024 that no extraction had begun and no tax revenue had been generated. In August 2026 the Fourth District Court of Appeal found the Imperial County environmental review of the Hell's Kitchen project inadequate on water supply.
LAO: no lithium extraction activities had begun in the region. No later revenue figure was found in the sources reviewed.
Status As of October 2026: no lithium tax revenue was reported by the LAO in 2024; the Hell's Kitchen EIR was remanded after the August 2026 Court of Appeal decision; CTR's SPAC merger was expected to close in the fourth quarter of 2026.
- Controlled Thermal Resources and its investors — Raised more than US$285 million in private capital by March 2026 and announced a SPAC merger valuing it at about US$4.7 billion; no lithium produced Controlled Thermal Resources / Plum Acquisition Corp. IV (SEC filing)
- Imperial County — 80% of the lithium tax goes to counties where extraction occurs (no revenue yet in the LAO's 2024 report); county voted in August 2026 on a developer incentive California Legislative Analyst's Office
What happened
The Salton Sea's geothermal brine contains lithium. The California Department of Tax and Fee Administration (CDTFA) wrote in December 2023 that the Sea "contains some of the world's largest reserves" of lithium; the LAist/CalMatters report of September 2026 cited the California Energy Commission as saying the aquifers hold the highest lithium concentrations of any geothermal brine in the world, and Lawrence Berkeley National Laboratory as estimating enough lithium for 375 million electric-vehicle batteries. Senate Bill 125 (Chapter 63, Statutes of 2022), signed on 30 June 2022, created a volume-based extraction tax effective 1 January 2023: US$400 per metric ton of lithium carbonate equivalent (LCE) for the first 20,000 tons a producer extracts, US$600 for tons above 20,000 up to 30,000 and US$800 above 30,000, adjusted for the California consumer price index from 1 January 2025. CDTFA's study states that 80% of revenue goes to the counties where extraction occurs and 20% to Salton Sea restoration, and that the tax "was designed to leverage the state's lithium resources into a vital revenue source for the Salton Sea and its surrounding areas".
The LAO reported in February 2024 that "no lithium extraction activities have yet begun in the region, and as such, no tax revenue has yet been generated"; the administration estimated the tax could generate about US$9 million for the Salton Sea Management Program in 2026-27 and up to US$35 million by 2028-29, and the LAO called the amount and timing "fairly uncertain". CDTFA's study recorded that one producer, Controlled Thermal Resources (CTR), planned to start at 25,000 metric tons of LCE a year and ramp up to 300,000, and that the lowest annual estimate for Salton Sea extraction was 13,000. LAist/CalMatters reported in September 2026 that lithium resources at the southern Salton Sea remain untapped and no project is near full operation; CalEnergy (Berkshire Hathaway Energy Renewables) operates 10 geothermal plants, completed a direct lithium extraction pilot and planned a demonstration plant in Calipatria, with a full-scale project that could produce 90,000 metric tons of lithium a year; EnergySource Minerals holds permits for its Project ATLiS.
CTR's Hell's Kitchen project near the Sea was the subject of a business-combination announcement with Plum Acquisition Corp. IV on 9 March 2026 at a pro forma enterprise value of about US$4.7 billion; CTR said it had raised more than US$285 million in private capital, described full scale as up to 650 MW and about 100,000 metric tons a year of lithium carbonate, and Stage 1 as 50 MW and up to 25,000 metric tons. On 1 October 2026 CTR said about US$245 million of convertible notes were expected at closing, development investment to date was about US$310 million, Stage 1 power was expected to start commercial operation in 2028 and Stage 1 lithium in 2030. Neither release addressed water supply, IID or the lithium tax, and the October release did not mention the appeal.
Comité Cívico del Valle and Earthworks sued in 2024 over Imperial County's environmental impact report for Hell's Kitchen. LAist/CalMatters reported that a judge rejected the challenge in January 2025. On appeal, the Fourth District Court of Appeal (decision reported in August 2026) found, according to the Times of San Diego, "insufficient evidence" that IID can supply enough water for the project's expected lifespan, faulted the county for not addressing possible future mandatory Colorado River cuts, and agreed that concerns about air-quality effects of diverting water from the Sea had merit; it remanded the case to the Imperial County Superior Court. IID called the water supply assessment "incomplete and contains inaccurate data". The Times of San Diego also reported that on 11 August 2026 county supervisors voted 3-2 to refund up to half of sales tax and lithium production tax revenue to developers, with payouts of up to US$105 million for a project that meets early deadlines, and that California has given more than US$400 million to Imperial County for lithium development and workforce training.
- 2022SB 125 signed (30 June) creating the lithium extraction tax
- 2023Tax takes effect 1 January; CDTFA study completed in December
- 2024LAO reports no extraction and no tax revenue (26 February); Comité Cívico del Valle and Earthworks sue over the Hell's Kitchen EIR
- 2025A judge rejects the challenge to the EIR (January)
- 2026CTR and Plum IV announce a business combination (9 March); Court of Appeal decision (August); county incentive vote (11 August); CTR convertible-note release (1 October)
What was said
“This extraction tax was designed to leverage the state's lithium resources into a vital revenue source for the Salton Sea and its surrounding areas.”
“We've been all-in on Lithium Valley”
“Do we have enough water to support these projects over the long term?”
“Few projects simultaneously address energy security and mineral security at scale.”
“incomplete and contains inaccurate data”
Where accounts differ
Each party's account, side by side, with its source. The record does not settle these points; it shows them.
Approved the project's environmental review, which a trial court upheld in January 2025 when it rejected the challenge.
LAist / CalMattersFound "insufficient evidence" that IID can supply adequate water for the project's expected lifespan and that the review did not address possible Colorado River cuts.
Times of San Diego (Capital & Main)Called the water supply assessment "incomplete and contains inaccurate data".
Times of San Diego (Capital & Main)Said the review was inadequate; Earthworks' Jared Naimark: "They can't just say, we'll figure that out later."
LAist / CalMattersCTR planned to start at 25,000 metric tons of LCE a year and ramp up to 300,000.
California Department of Tax and Fee AdministrationPlanned capacity of up to 300,000 metric tons of lithium carbonate a year and almost 50 MW.
LAist / CalMattersFull scale of up to 650 MW and about 100,000 metric tons a year of lithium carbonate; Stage 1 up to 25,000 metric tons.
Controlled Thermal Resources / Plum Acquisition Corp. IV (SEC filing)The county needs to compete with other states' incentives.
Times of San Diego (Capital & Main)Opposed the programme.
Times of San Diego (Capital & Main)How it looked
Shown
- The tax presented as a way to turn the state's lithium into revenue for the Salton Sea and surrounding areas.California Department of Tax and Fee Administration · California Department of Tax and Fee Administration
- Hell's Kitchen described as "shovel-ready" with advanced permitting and long-lead equipment built and staged.Controlled Thermal Resources · Controlled Thermal Resources / Plum Acquisition Corp. IV (SEC filing)
- Progress described as being made, "with developers securing funding to advance projects".Niki Woodard, California Energy Commission, as quoted by CalMatters · LAist / CalMatters
Recorded
- The tax is US$400, US$600 and US$800 per metric ton of LCE by cumulative tier, with 20% of revenue to Salton Sea restoration.
- As of the LAO's February 2024 report no extraction had begun and no tax revenue had been generated.
- The Fourth District Court of Appeal found insufficient evidence that IID can supply Hell's Kitchen for its expected lifespan and remanded.
- CTR reports more than US$285 million raised (March 2026) and development investment of about US$310 million (October 2026).
In nature's name
Promised
- “This extraction tax was designed to leverage the state's lithium resources into a vital revenue source for the Salton Sea and its surrounding areas.” — California Department of Tax and Fee Administration, lithium extraction tax study (December 2023) California Department of Tax and Fee Administration
- “We've been all-in on Lithium Valley” — Gavin Newsom, Governor of California, as quoted by CalMatters (2023) LAist / CalMatters
Money moved in nature's name
| What | Kind | Amount | Period |
|---|---|---|---|
| Administration estimate of lithium tax revenue for the Salton Sea Management Program in 2026-27 (estimate, not revenue received; up to US$35 million by 2028-29) State administration (estimate reported by the LAO) California Legislative Analyst's Office | Budget | ≈ $9m estimate | 2026-27 |
| Lithium extraction tax, tier 1, per metric ton of LCE (first 20,000 metric tons by a producer; CPI-adjusted from 2025) Lithium producers California Department of Tax and Fee Administration | Fees | $0m | from 2023 |
| Lithium extraction tax, tier 2, per metric ton of LCE (over 20,000 up to 30,000 metric tons) Lithium producers California Department of Tax and Fee Administration | Fees | $0m | from 2023 |
| Lithium extraction tax, tier 3, per metric ton of LCE (over 30,000 metric tons) Lithium producers California Department of Tax and Fee Administration | Fees | $0m | from 2023 |
| Private capital raised by Controlled Thermal Resources to date ('more than'; company statement) Controlled Thermal Resources Controlled Thermal Resources / Plum Acquisition Corp. IV (SEC filing) | Raised | $285m | to March 2026 |
| Development investment to date, Hell's Kitchen (company statement) Controlled Thermal Resources Controlled Thermal Resources / Plum Acquisition Corp. IV (SEC filing) | Spent | ≈ $310m | to October 2026 |
| Convertible notes expected at closing of the Plum IV merger (US$205 million to convert to equity and about US$40 million into a PIPE) Strategic investors in CTR Controlled Thermal Resources / Plum Acquisition Corp. IV (SEC filing) | Raised | ≈ $245m estimate | Q4 2026 |
| Maximum payout under Imperial County's developer incentive (refund of up to half of sales tax and lithium production tax revenue) ('up to' for a project meeting early deadlines; vote of 11 August 2026 (3-2)) County of Imperial Times of San Diego (Capital & Main) | Subsidy | $105m | 2026 |
| State funding given to Imperial County for lithium development and workforce training ('more than'; as reported by the Times of San Diego) State of California Times of San Diego (Capital & Main) | Paid out | $400m | to 2026 |
Benefit to nature: what was measured
No lithium has been extracted according to the sources reviewed, so no tax revenue has reached the Salton Sea Lithium Fund and no benefit to the Sea has been measured. The 20% share is statutory (CDTFA, LAO); the US$9 million (2026-27) and US$35 million (by 2028-29) figures are the administration's projections as reported by the LAO. The Court of Appeal found in August 2026 that the county's review of Hell's Kitchen lacked evidence on long-term water supply and agreed that concerns about air-quality effects of drawing more water from the Sea had merit.
Operation Ongoing · The tax is in force; no extraction reported; the Hell's Kitchen environmental review was remanded in August 2026. Times of San Diego (Capital & Main)
Findings on record
- Court or regulator ruling California Court of Appeal, Fourth Appellate District (2026-08) · Court of Appeal opinion on the Hell's Kitchen environmental impact report, as reported by the Times of San Diego: “insufficient evidence” Times of San Diego (Capital & Main)
- Official audit California Legislative Analyst's Office (2024-02-26) · The 2024-25 Budget: Salton Sea Management Program: “no lithium extraction activities have yet begun in the region, and as such, no tax revenue has yet been generated” California Legislative Analyst's Office
Who gained
Reached nature or the ground
Gained elsewhere
Responses on record
- Controlled Thermal Resources (March to September 2026): Said in March 2026 that it is shovel-ready; was reported in September 2026 to be reviewing legal options and to have declined to comment on the litigation; had no immediate response to the ruling in August 2026. · LAist / CalMatters
- County of Imperial (August 2026): County officials said they are consulting attorneys on next steps and remain committed to responsible development; the county deputy CEO for natural resources said the county needs to compete with other states' incentives. · Times of San Diego (Capital & Main)
- Imperial Irrigation District (August 2026): Called the project's water supply assessment "incomplete and contains inaccurate data". · Times of San Diego (Capital & Main)
- CalEnergy (Berkshire Hathaway Energy Renewables): No statement of its own is recorded in the sources reviewed beyond the project plans reported by CalMatters.
In court and with insurers
Lawsuits and rulings
- 2024–2026OngoingChallenge to Imperial County's environmental impact report for the Hell's Kitchen lithium and geothermal projectCalifornia Court of Appeal, Fourth Appellate District (appeal from Imperial County Superior Court) · Civil · Comité Cívico del Valle and Earthworks → County of Imperial; Controlled Thermal Resources (project developer)
A trial court rejected the challenge in January 2025. In August 2026 the Court of Appeal partly reversed, finding insufficient evidence that IID can supply adequate water for the project's expected lifespan, that the review did not address possible mandatory Colorado River cuts, and that concerns about air-quality effects of drawing more water from the Sea had merit; it remanded to the Imperial County Superior Court. The Times of San Diego reported that the decision could be appealed to the California Supreme Court. Times of San Diego (Capital & Main)
Insurers
What nature saw
Nature's report opens this page. Below: further outcomes measured on the ground.
What we don't know
Nature
- Not measured Harm to nature: The record holds no measurement of harm to nature.
- Disputed Whether Hell's Kitchen has a water supply for its expected lifespan
Accounts
Record
- None on record None on record: lithium extraction tax revenue after the LAO's February 2024 report, which stated no tax revenue had been generated.
- None on record None on record: lithium production at the Salton Sea. LAist/CalMatters reported in September 2026 that the lithium remains untapped and no project is near full operation.
- Disputed Disputed: the scale of Hell's Kitchen. CDTFA (2023) and LAist (2026) give up to 300,000 metric tons of LCE a year; CTR's March 2026 release gives about 100,000 metric tons a year at full scale and 25,000 in Stage 1.
- Not measured Not measured: the effect of lithium extraction on the Sea's level and dust. The Court of Appeal agreed that concerns about air-quality effects of diverting water from the Sea had merit, and no source measures the effect.
- None on record Not confirmed: whether IID holds royalty or mineral-rights terms in the Hell's Kitchen project; none of the sources reviewed state any terms.
Did the harm stop?
No extraction has begun according to the latest sources reviewed (LAO, February 2024; LAist/CalMatters, September 2026); the Court of Appeal's August 2026 decision requires further environmental review of Hell's Kitchen.
Who paid?
Lithium producers would pay the volume tax; the sources reviewed record no tax paid. Private investors funded CTR (more than US$285 million raised by March 2026); the state is reported to have given more than US$400 million to Imperial County for lithium development and workforce training.
Sources
Company or project
- Controlled Thermal Resources and Plum Acquisition Corp. IV announce business combination (Form 8-K, Exhibit 99.1)Controlled Thermal Resources / Plum Acquisition Corp. IV (SEC filing) · 2026-03-09
- CTR and Plum Acquisition Corp. IV announce expected convertible-note conversion and timing (Form 425, Exhibit 99.1)Controlled Thermal Resources / Plum Acquisition Corp. IV (SEC filing) · 2026-10-01
Government and regulators
- California Lithium Extraction Tax Study, pursuant to Senate Bill 125 (Chapter 63, Statutes of 2022)California Department of Tax and Fee Administration · 2023-12
- Lithium Extraction Tax Law, Chapter 2 (sections 47010 to 47020), Laws, Regulations and AnnotationsCalifornia Department of Tax and Fee Administration ·
- Lithium Extraction Excise Tax GuideCalifornia Department of Tax and Fee Administration ·
- The 2024-25 Budget: Salton Sea Management ProgramCalifornia Legislative Analyst's Office · 2024-02-26
Press and investigations
- California politicians promised 'white gold' in Lithium Valley, but are those dreams fading? (CalMatters, via LAist)LAist / CalMatters · 2026-09-07
- Imperial Valley dreamed of a lithium boom. It just hit another roadblockTimes of San Diego (Capital & Main) · 2026-08-23
Connected cases
- Salton Sea and the 2003 Quantification Settlement Agreement: Imperial Irrigation District water sold to San Diego and to Coachella or Metropolitan, California United States · 1998–2026 Related matter
- County of Imperial (Government) — here: Approved the Hell's Kitchen environmental impact report; set a lithium tax revenue plan and incentive programme; there: Plaintiff in CEQA, NEPA and Clean Air Act challenges to the QSA
- Imperial Irrigation District (Public authority) — here: Water supplier whose capacity the Court of Appeal found unsupported by evidence for the project; there: Sells conserved Colorado River water to San Diego and to Coachella or Metropolitan; party to the Joint Powers Agreement
- California Legislative Analyst's Office (Public authority) — here: Reported in February 2024 that no lithium tax revenue had been generated; there: Reported inflow, funding and acreage data in 2024
- Salton Sea Management Program and the Species Conservation Habitat project, California United States · 2000–2026 Related matter
- Imperial Irrigation District (Public authority) — here: Water supplier whose capacity the Court of Appeal found unsupported by evidence for the project; there: Petitioned for the order in 2014; landowner and partner on the SCH project
- California Legislative Analyst's Office (Public authority) — here: Reported in February 2024 that no lithium tax revenue had been generated; there: Reported funding and acreage progress in 2024
- IMIP nickel waste landslides and Obi island (Indonesia) Indonesia · 2020–2026
- Earthworks (NGO) — here: Challenged the Hell's Kitchen environmental impact report; there: NGO; waste-per-tonne estimate