Judge Halts Copper Mine Project on Sacred Apache Site

PHOENIX — A federal judge has temporarily halted a proposed land swap that would give Resolution Copper access to a sacred site in Arizona for mining. The decision blocks the U.S. Forest Service from finalizing an environmental review needed to proceed with the transfer of Oak Flat, a campground and religious site east of Phoenix, to the mining company.

Judge Steven P. Logan issued the ruling on May 9, just two days after hearing arguments from both sides in Phoenix federal court. His order prevents the government from taking further steps toward transferring the land until the U.S. Supreme Court decides whether to hear the case brought by the grassroots group Apache Stronghold.

“The balance of equities ‘tips sharply’ in Plaintiff’s favor,” Judge Logan wrote, adding that Apache Stronghold showed a strong likelihood of “irreparable harm” if the land is transferred.

Sacred Ground and Environmental Concerns

Oak Flat, also known as Chi’chil Biłdagoteel, is considered sacred by the Apache and other Native American tribes. It is home to Emory oaks, springs, and one of Arizona’s few undisturbed wetlands. It is also a popular recreation area for rock climbers and campers.

In 2014, Congress authorized the land swap between the Forest Service and Resolution Copper, a company jointly owned by mining giants Rio Tinto and BHP. Under the deal, Resolution would receive 2,200 acres at Oak Flat in exchange for 5,000 acres of environmentally sensitive land it owns elsewhere.

Resolution plans to use block cave mining, a method that involves collapsing the land above the copper deposit. Opponents say the process would leave behind a massive crater, about 1,000 feet deep and nearly 2 miles wide, destroying the sacred site and harming the region’s groundwater.

Apache Stronghold Fights to Preserve Oak Flat

Apache Stronghold, the group leading the legal challenge, filed a lawsuit in 2021. After lower courts declined to halt the land swap, the group appealed to the Supreme Court. The Court has yet to decide whether it will take the case.

“This ruling ensures that Oak Flat remains protected as the legal process continues,” said Luke Goodrich, an attorney with the Becket Fund for Religious Liberty, which is representing the group. “The feds have absolutely no reason to ram through the transfer while our case is standing on the doorstep of the Supreme Court.”

Wendsler Nosie, leader of Apache Stronghold, called the judge’s decision a blessing. “It brings us the bright hope that we can get on the path to protect Mother Earth,” he told The Arizona Republic. “Water is 80% of us and 80% of Mother Earth. Mother Earth was heard today.”

Resolution Copper Responds

Resolution Copper said the ruling does not affect the overall legal standing of the project. “This short-term order simply maintains the status quo pending the Supreme Court’s ongoing review,” a spokesperson said. “We anticipate the Supreme Court will decide the petition for certiorari soon.”

The company said the project would strengthen U.S. energy independence and contribute more than $1 billion annually to Arizona’s economy. It also cited over a decade of consultation with tribes and local communities.

Still, the project remains on hold while the highest court in the nation weighs its next move.