Supreme Court Appeal Amid Arizona Land Transfer for Copper Mining Project
In a significant development, federal forest land in Arizona has been transferred to two international corporations planning to develop one of North America’s largest copper deposits. This decision has prompted a group of Apache women to seek intervention from the U.S. Supreme Court in an attempt to halt the project.
Resolution Copper, the recipient of the land, obtained the title after an appeals court declined to grant a block requested by the San Carlos Apache Tribe and environmental advocates. The court ruled that the plaintiffs’ legal arguments were unlikely to prevail, thus removing an emergency injunction enacted last summer.
The land, known as Oak Flat, holds significant cultural and religious importance for the San Carlos Apache people and other Native American tribes. It has been a site for religious ceremonies and the gathering of medicinal plants for centuries. The San Carlos Apache Tribe, alongside Apache Stronghold and other groups, has been actively opposing the project, referring to the area as Chi’chil Bildagoteel.
The appeals court acknowledged the profound impact the land transfer would have on the sacred sites but noted, “Despite those grave harms to Native religious practice, Congress has chosen to transfer this land, and plaintiffs have not raised any viable challenges to that decision.”
According to U.S. Forest Service attorneys, the agency was obligated to execute the land exchange due to a 2014 congressional mandate included in a national defense spending bill signed by former President Barack Obama.
U.S. Agriculture Secretary Brooke Rollins, overseeing the Forest Service, stated that the project aligns with former President Donald Trump’s goal of achieving energy independence. “Completing this land exchange unlocks a major domestic source of copper, essential for defense, grid modernization and next-generation energy,” Rollins said, highlighting the economic and strategic benefits.
Resolution Copper, a subsidiary of Rio Tinto and BHP, projects the mine will contribute $1 billion annually to Arizona’s economy and create thousands of jobs, garnering support from the local community of Superior.
The company emphasized that the project has undergone thorough review by the Forest Service, including consultations with tribes linked to the land. “Courts at every level have consistently ruled in favor of Resolution Copper, and three different presidential administrations have supported this project,” Vicky Peacey, Resolution’s president and general manager, stated. “It is time for the meritless litigation to end.”
Resolution Copper has not provided details about the project’s commencement schedule. Meanwhile, Wendsler Nosie Sr. from Apache Stronghold expressed ongoing concerns via social media regarding water usage and potential contamination risks posed by the mining operations.
Nosie highlighted the broader implications of the Oak Flat dispute, stating, “The fight for Oak Flat raises critical issues about the environment and our nation’s commitment to Native rights and religious freedom. But at its heart, it is a battle for our sacred and holy land, the faith that has always been defined by it, and the right to have our religious traditions respected and protected.”
