A U.S. district judge in Arizona has opened the door for the next round of legal wrangling as environmentalists and some Native Americas seek to stop the federal government from transferring land in Arizona for a massive copper mining project.
Judge Dominic Lanza in a ruling issued Monday denied motions that sought to halt the transfer pending the outcome of the case. However, he did preclude the U.S. Forest Service from proceeding with the land exchange until 60 days after the agency issues a required environmental review.
Lanza said that would give the parties more time to analyze the environmental report and file amended complaints. He said granting a preliminary injunction now would be premature since the review will differ in some ways from the one that spurred the legal challenge four years ago.
“It is unfortunate that the result of this order will be to force the parties to engage in another stressful, abbreviated round of briefing and litigation activity” when the new review is issued, he said, acknowledging the unusual circumstances.
Attorneys for the federal government and the mining company agreed during a recent hearing to the 60-day delay. That time frame also is specified in the legislation that Congress passed and then-President Barack Obama signed in 2014 authorizing the exchange.
The group Apache Stronghold, the San Carlos Apache Tribe and others welcomed more time to fight for Oak Flat, an area they consider as holy.
“In this critical moment, we call on the Trump administration and Congress to halt the transfer to a Chinese-owned mine, and honor what is sacred,” said Wendsler Nosie Sr., leader of Apache Stronghold. “As we continue to fight in court, know this: Nothing will turn us away from defending the spiritual essence of our people, the lifeblood that connects us to the creator and this land.”
A statement from Resolution Cooper said the ruling is consistent with prior decisions and gives the parties time to review the final environmental impact statement that will be issued later this month.
“We are confident the project satisfies all applicable legal requirements,” said Resolution president and general manager Vicky Peacey.
She added that years of consultation with tribes and communities resulted in changes to the mining plan to reduce potential effects.
The fight over Oak Flat dates back about 20 years, when legislation proposing the land exchange was first introduced. It failed repeatedly in Congress before being included in a must-pass national defense spending bill in 2014.
San Carlos Apache Chairman Terry Rambler said Monday that the bill was not in the best interest of the American people, Arizona or his tribe. He said concerns persist about the mine’s use of groundwater and the pending obliteration of the culturally significant site.
Apache Stronghold and the tribe sued the U.S. government in 2021 to protect the place tribal members call Chi’chil Bildagoteel, which is dotted with ancient oak groves and traditional plants the Apaches consider essential to their religion. The U.S. Supreme Court recently rejected an appeal by the Apache group, letting lower court rulings stand.
The project has support in nearby Superior and other traditional mining towns in the area. The company — a subsidiary of international mining giants Rio Tinto and BHP — estimates the mine will generate $1 billion a year for Arizona’s economy and create thousands of jobs.
