Extended deadline for legal debate on Apache land mine

A federal district judge in Arizona has set the stage for continued legal battles, as environmental advocates and Native American groups strive to prevent the U.S. government from exchanging land in Arizona for a large-scale copper mining initiative.
Judge Dominic Lanza, in a decision handed down on Monday, denied motions aimed at preventing the land transfer while the case is resolved. However, he did bar the U.S. Forest Service from moving forward with the land swap until 60 days after the agency releases a necessary environmental analysis.
Lanza indicated this pause allows for additional time to review the environmental document and submit updated legal challenges. He explained that issuing a preliminary injunction at this stage would be premature, given that the upcoming review will differ from the past one that initially triggered the legal dispute four years ago.
“It is unfortunate that this decision will necessitate another round of intense and brief legal negotiations,” Lanza noted, recognizing the situation’s complexity.
During a recent hearing, attorneys representing the federal government and the mining corporation agreed to the 60-day postponement, which aligns with provisions in a 2014 law enacted by Congress and signed by then-President Barack Obama, authorizing the exchange.
The group Apache Stronghold, alongside the San Carlos Apache Tribe and allies, embraced the additional time as an opportunity to rescue Oak Flat, an area they deem sacred.
“In this crucial moment, we urge the Trump administration and Congress to suspend the handover to a Chinese-owned mining company, and respect what is sacred,” stated Wendsler Nosie Sr., leader of Apache Stronghold. “As the legal battle ensues, remember this: Our resolve to protect our spiritual essence and the land that binds us to the creator remains unwavering.”
Resolution Copper, the company involved, issued a statement indicating that the court’s decision aligns with past rulings and affords the parties time to evaluate the upcoming environmental impact statement.
“We remain confident that the project fulfills all relevant legal standards,” asserted Vicky Peacey, president and general manager of Resolution Copper.
She noted that extensive discussions with tribal and local communities led to adjustments in the mining plan to mitigate potential impacts.
The controversy over Oak Flat spans nearly two decades, dating back to when the land exchange was first proposed legislatively. It faced multiple rejections in Congress before being embedded in a critical national defense budget bill in 2014.
San Carlos Apache Chairman Terry Rambler remarked on Monday that the legislation did not serve the interests of the American public, Arizona, or his tribe effectively. He voiced ongoing concerns about the mine’s groundwater consumption and the imminent destruction of a site rich in cultural significance.
In 2021, Apache Stronghold and the tribe initiated legal proceedings against the U.S. government to preserve Chi’chil Bildagoteel, a locale dotted with ancient oak forests and religiously important native plants to the Apaches. The U.S. Supreme Court recently declined to hear an appeal from the Apache group, leaving lower court decisions in place.
The project enjoys backing from residents in nearby Superior and other historic mining towns within the region. The mining enterprise, a branch of global mining leaders Rio Tinto and BHP, projects that the mine could bolster Arizona’s economy by $1 billion annually and generate thousands of jobs.