A federal court on Monday blocked the transfer of federal forest land in Arizona to two international companies for the state’s Resolution Copper project.
A panel of judges for the U.S. Court of Appeals for the Ninth Circuit issued a temporary injunction ahead of the transfer, which was scheduled for Tuesday, siding with environmentalists and a Native American tribe, Associated Press reported. A pair of international companies, Rio Tinto and BHP, plan to mine the land, which contains one of the largest copper deposits in North America. That land includes Oak Flat, which has been used for centuries by the San Carlos Apache people and other Native American tribes for religious ceremonies.
“Before the land exchange can happen, the plaintiffs argued that the federal government must prepare a comprehensive review that covers ‘every aspect of the planned mine and all related infrastructure,”‘ according to the report. “They said the government failed to consider the potential for a dam breach, pipeline failure and if there was an emergency plan for a tailings storage area.”
They also argued the appraisal does not include the values of the copper deposits that are at least 5,000 below the surface. The appeals court is expected to hear arguments for the case later this year.
The battle over Oak Flat has been going on for two decades, with the Apache Stronghold and others fighting to rescue what they call Chi’chil Bildagoteel. The area “is dotted with oak groves and traditional plants to Apaches consider essential to their religion,” according to the report.
The most recent legal battle has been about a required environmental review from the U.S. Forest Service and an appraisal of the land that would be mined, which is located about 60 miles east of Phoenix.
“We will continue praying that the court understands the grave injustice of trading our sacred grounds to foreign mining companies that seek to destroy Chí’chil Biłdagoteel to extract copper that will be exported overseas,” Tribal Chairman Terry Rambler said in statement.
The federal court halted the project after the Supreme Court declined to take up the case in May. Justice Neil Gorsuch, joined by Justice Clarence Thomas, wrote a dissenting opinion saying the court’s decision not to take up the case is a “grave mistake.”
“Before allowing the government to destroy the Apaches’ sacred site, this Court should at least have troubled itself to hear their case,” Gorsuch wrote.
Resolution Copper has estimated the copper mine will pump $1 billion a year into Arizona’s economy and create thousands of jobs.
“The collaborative process has directly led to major changes to the mining plan to preserve and reduce potential impacts on tribal, social, environmental and cultural interests,” the company stated, per the report.
The Forest Service has argued that it has little say over the process, pointing to Congress’s mandate of the land exchange in a defense spending bill in 2014 under former President Barack Obama, according to the report. Some lawmakers have unsuccessfully attempted to remove that mandate in the following years.
President Donald Trump slammed the federal court for delaying the project in a post to Truth Social.
“A Copper Mine in Arizona, ‘Resolution,’ was just delayed by a Radical Left Court for two months — 3,800 Jobs are affected, and our Country, quite simply, needs Copper — AND NOW! They are looking to do an Expedited Appeal before the Ninth Circuit, but it is so sad that Radical Left Activists can do this, and affect the lives of so many people,” the 45th and 47th president said.
“Those that fought it are Anti-American, and representing other Copper competitive Countries. We can’t continue to allow this to happen to the U.S.A.! The Appeal will take place, shortly, in the Ninth Circuit,” he added.
A spokesperson for Resolution Copper told Fox Business, “We are confident the court will ultimately affirm the district court’s well-reasoned orders explaining in detail why the congressionally directed land exchange satisfies all applicable legal requirements.”
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