In a significant decision, the Supreme Court has declined to hear an appeal from Apache groups aiming to stop a vast copper mining project on federal land in Arizona, which they consider sacred. This decision maintains previous lower court rulings that authorize the transfer of the Oak Flat area in Tonto National Forest to Resolution Copper. The company claims this location contains the world’s second-largest identified copper deposit.
The Trump administration has expressed its commitment to finalize this land transfer. Justice Neil Gorsuch, dissenting, described the refusal to hear the appeal as a “grievous mistake,” stating, “Recognizing Oak Flat’s significance, the government has long protected both the land and the Apaches’ access to it. No more. Now, the government and a mining conglomerate want to turn Oak Flat into a massive hole in the ground.” Justice Clarence Thomas joined him in this dissent.
Representing several San Carlos Apache Tribe members, Apache Stronghold has contested that the land swap infringes on their religious freedoms. For Apache communities in Arizona, Oak Flat, characterized by its ancient oak groves and traditional plants, holds profound spiritual importance.
The U.S. Forest Service estimates that the mine could produce approximately 40 billion pounds of copper throughout its operational life. The project has garnered substantial backing from communities in nearby Superior and other historic mining towns, with projections suggesting it could contribute $1 billion annually to Arizona’s economy and generate thousands of local jobs.
Resolution Copper is under the ownership of international mining titans Rio Tinto and BHP. Notably, Justice Samuel Alito recused himself from the case, likely due to holding BHP stocks valued between $15,000 and $50,000, as per his latest financial disclosure.
The land exchange was initially sanctioned by Congress in 2014, offering Resolution Copper 3.75 square miles (9.71 square kilometers) of forest land in exchange for eight parcels it possesses in Arizona. Towards the end of the Trump administration, the U.S. Agriculture Department completed the necessary environmental review to proceed with the land exchange.
In reaction, Apache Stronghold initiated legal proceedings to obstruct the swap. With President Joe Biden’s administration, the Agriculture Department, encompassing the Forest Service, rescinded the review to engage further consultations with Native American tribes. Nevertheless, the legal battle continued, and a year ago, the federal appeals court in San Francisco, in a 6-5 decision, allowed the land exchange to advance, dismissing Apache Stronghold’s arguments about religious freedom and an 1852 treaty between the U.S. government and the Apaches.
The five dissenting judges criticized the decision, warning of “the utter destruction” of the sacred site. The Forest Service has already issued a 60-day notice indicating its intent to re-issue the environmental review, in compliance with a court directive.
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