Judge Denies Injunction in Oak Flat Land Swap Case

The Oak Flat land swap, a contentious issue involving sacred tribal lands and major mining interests, faced a legal hurdle as federal Judge Dominic Lanza ruled against motions to halt the exchange. The decision, rendered in a Phoenix courtroom, has significant implications for both the San Carlos Apache Tribe and Resolution Copper, the mining company involved.

During a nearly two-hour session at the Sandra Day O’Connor Courthouse, Judge Lanza deemed the motions for a preliminary injunction “premature.” This decision came even before the plaintiffs, which include the San Carlos Apache Tribe and various conservation and recreation groups, had the opportunity to present their arguments. The judge had issued a tentative ruling the day prior, indicating it would be finalized by Monday.

The legal proceedings saw a packed courtroom with notable attendees such as San Carlos Apache Chairman Terry Rambler and Apache Stronghold founder Wendsler Nosie Sr. Judge Lanza raised concerns about the implications of the Southeast Arizona Land Exchange and Conservation Act, a law mandating the land swap within 60 days following the publication of a final environmental impact statement by the U.S. Forest Service.

Despite denying the injunction, Lanza clarified that the Forest Service must wait until the conclusion of the 60-day period before proceeding with the land exchange. He emphasized that delaying the swap does not extend the legal timeframe, maintaining adherence to the legislative requirements.

The Department of Justice, representing the Forest Service, reaffirmed the agency’s intention to release an updated environmental impact report by June 16, marking a critical step in the progression of the copper mining project.