Supreme Court Allows Controversial Copper Mining at Oak Flat

Categories: Arizona Breaking NewsArizona State News

The scenic Oak Flat area, facing challenges from proposed copper mining.

News Summary

The U.S. Supreme Court has denied an appeal from the Apache Stronghold, paving the way for Resolution Copper to proceed with a contentious mining project at Oak Flat. This site, sacred to the San Carlos Apache Tribe, is at the center of a legal battle over indigenous rights and cultural heritage. Despite opposition, advocates for the project cite its potential economic benefits for Arizona, while tribal representatives continue to fight against the mining operations response to threats to their traditional practices.

Arizona — The U.S. Supreme Court has rejected an appeal from the Apache Stronghold, a group representing members of the San Carlos Apache Tribe, to halt a controversial copper mining project on federally designated land known as Oak Flat. The court’s decision allows the transfer of Oak Flat to Resolution Copper, a mining company eager to exploit one of the world’s most significant copper deposits, marking a critical moment in what has been a contentious battle over land considered sacred by indigenous tribes.

The copper mining project has been supported by the Trump administration, which facilitated the process for the land transfer through a congressional act in 2014. The proposal includes a land exchange where Resolution Copper would give federal land in return for parcels it owns. Justice Neil Gorsuch, along with Justice Clarence Thomas, dissented in the ruling, describing it as a “grievous mistake” for the Supreme Court not to take up the appeal. Gorsuch lamented the historical protections of Oak Flat and criticized the government’s decision to allow this sacred site to be converted for industrial mining.

The San Carlos Apache Tribe argues that the mining project poses a significant threat to their religious practices and cultural heritage, as Oak Flat is vital for various traditional ceremonies. Wendsler Nosie Sr., a representative of Apache Stronghold, has stated that efforts to protect Oak Flat will continue, urging Congress to take action against the mining operations planned for the area.

Resolution Copper estimates that the mine could yield up to 40 billion pounds of copper, potentially generating $1 billion annually for the Arizona economy while creating thousands of jobs in the process. The company has also indicated that it will make modifications to the proposed mining plan to mitigate impacts on tribal communities. Many nearby mining towns and industry supporters have backed the project, citing its economic benefits and job creation potential.

The land exchange has been mired in legal disputes. A prior ruling by a federal appeals court allowed for the transfer of the Oak Flat land, dismissing claims from Apache Stronghold related to religious freedoms and the 1852 treaty with the Apache people. Dissenting judges in that ruling referred to the outcome as a tragic error leading to the destruction of a sacred site.

In preparation for the transfer, the U.S. Department of Agriculture conducted an environmental review required for land exchange, which the Trump administration completed. However, the Biden administration has since paused this review, indicating a desire for further consultation with Native American tribes before moving forward with any final decision.

The U.S. Forest Service intends to issue a new environmental assessment as part of ongoing legal battles. Apache Stronghold is exploring additional court options to advocate for the protection of Oak Flat, emphasizing the tribe’s commitment to preserving their sacred grounds against the mining project.

As the situation evolves, both sides remain steadfast in their positions: Native American tribes are determined to fight for their religious rights and cultural heritage, while Resolution Copper is focused on moving forward with a project that promises substantial economic returns for the state of Arizona.