A federal district judge has issued a temporary halt to a federal plan to transfer a piece of land in eastern Arizona for a substantial copper mining project. This decision comes in response to protests from Native American organizations who believe the area holds significant spiritual value. The location, known as Oak Flat within the Tonto National Forest, is the focal point of a long-standing dispute between the Apache Stronghold and those in favor of transferring the land to the mining company, Resolution Copper.
The supporters of Apache Stronghold have long opposed this transfer, highlighting the cultural and sacred importance of the site to the Native American tribes in the region. Conversely, Resolution Copper showcases the economic potential of the project, asserting ongoing collaboration with tribal groups and other stakeholders to shape the initiative responsibly.
U.S. District Judge Steven Logan remarked that delaying the land transfer would slow the creation of jobs and production of copper, which would be financially advantageous to Arizona if the land transfer eventually gains approval. Yet, he acknowledged that proceeding with the transfer would deny legal access for the Apaches to a sacred ancestral site.
The judge ruled that the balance of equities substantially favors the Apache Stronghold, granting an injunction against the land transfer. This will remain in place until the U.S. Supreme Court resolves an appeal concerning a previous decision that rejected attempts to block the construction of the mine. However, Logan denied the request to prolong the injunction past the Supreme Court’s decision.
Wendsler Nosie Sr., representing Apache Stronghold, expressed gratitude towards the ruling, emphasizing the importance of allowing the Supreme Court the opportunity to protect Oak Flat from potential destruction. Meanwhile, Resolution Copper responded, mentioning that the ruling merely maintains the current situation as they await a likely decision from the Supreme Court on whether the case will proceed.
The Oak Flat land transfer has been a contentious issue for nearly two decades, facing multiple failed attempts in Congress until it was finally incorporated into a crucial national defense spending package in 2014. During President Donald Trump’s administration, an environmental review was released, setting in motion the land transfer process. This was later retracted by the subsequent President Joe Biden’s administration to allow further consultations with Native American tribes.
In April, the U.S. Forest Service announced its intent to proceed with the land transfer, leading Apache Stronghold to file an urgent appeal. The group sued the U.S. government under the Religious Freedom Restoration Act in 2021. They aim to protect the site known to the Apaches as Chi’chil Bildagoteel, which hosts ancient oak groves and traditional plants integral to their religious practices.