Amidst a backdrop of legal challenges, a new petition has emerged against a significant copper mining endeavor in Arizona. This latest action requests the 9th Circuit Court of Appeals to revisit the decision concerning the Oak Flat land exchange.
Legal Proceedings and Land Exchange
On Friday, a coalition opposing the Arizona copper mining project lodged a petition with the 9th Circuit Court of Appeals. This move aims to challenge the previous approval of the Oak Flat land transfer. A split decision by a three-judge panel from the same court previously allowed the contentious land swap to proceed, dismissing several lawsuits and lifting an injunction in March. Subsequently, the U.S. Forest Service and Resolution Copper completed the land exchange.
Last month, the court rejected one of the last remaining challenges to transferring land from the Tonto National Forest to Resolution Copper, enabling the mining company’s drilling operations to advance. Despite this, groups like the Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Access Fund, Sierra Club, and the Inter Tribal Association of Arizona continue to press their case.
Judicial Opinions and Further Legal Actions
Federal Judge Johnnie Rawlinson has expressed support for the plaintiffs’ arguments. In her April dissent, she emphasized the need for comprehensive review before endorsing a decision that could “completely annihilate sacred Native lands,” citing deficiencies in the U.S. Forest Service’s appraisal report.
In a related effort, Apache Stronghold, a nonprofit organization, has also approached the federal district court in Arizona, seeking a review of the Oak Flat ruling. Their legal strategy aims to revert the land designated for mining back to public ownership.
Community and Organizational Reactions
KJZZ journalist Gabriel Pietrorazio recently received a National Headliner Award for his reporting on Oak Flat, highlighting its significance as a sacred Apache site and location of a major copper mine. More than 50 organizations, including the Center for Biological Diversity and Apache Stronghold, are urging the Arizona State Land Department to refrain from transactions with Resolution Copper.
Resolution Copper has stated in response to the recent filings that courts have consistently ruled in their favor, asserting that “it is time for the meritless litigation to end.”
For further details, please refer to the official court document.
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