The United States Supreme Court declined on May 27 to listen to a group of apaches and others who wanted to block a copper mining project in Oak Flat, part of the National Forest of Tonto de Arizona that Western apaches consider sacred.
Resolution Copper, a joint company of the Rio Tinto and BHP mining companies, says that the place about 60 kilometers east of Phoenix, near Superior, Ariz., Contains one of the largest copper resources in the world. The company hopes to eliminate 40 billion lb of copper from a tank at 5,000 feet at 7,000 feet under 40 years for 40 years in what would be the largest copper mine in North America.
Vicky Peacey, CEO of Resolution Copper, said in a statement that the company is “pleased” with the court’s decision.
“The resolution copper mine is vital to achieving the U.S. energy future, infrastructure needs, and national defense with a home copper supply and other critical minerals,” said Peacey.
Oak Flat is known as Chi’chil Biłdagoteel on apaches, who meet there for religious ceremonies that say they cannot take place anywhere else. The place had previously been protected by the Presidents Eisenhower and Nixon, and the National Park service added oak to the National Register of Historical Places in 2016, although the legislators had already approved a plan to change 3.75 square kilometers of oak to mining companies in other lands in Arizona. A group called Apache Stronghold filed a lawsuit against the Government in 2021 to try to block land transfer under the terms of an 1852 treaty.
Last year, the ninth court of appeal on the circuit ruled against Apache Stronghold, and the group resorted to the United States Supreme Court again. Most judges denied the case, although Judge Neil Gorsuch, who joined the justice Clarence Thomas, who dissent, calling the decision “a serious mistake” for religious freedom.
“Recognizing the importance of Oak Flat, the Government has long been protecting the Earth and the Apaches access,” Gorsuch wrote.
“No more,” he added. “Now, the government and a mining conglomerate want to turn oak into a massive hole on the ground.”
Map courtesy of the United States Supreme CourtResolution Copper says he has shaped his plans with comments, reducing the area of land exchange of 3,025 hectares at 2,422 hectares approved by Congress and leaving aside some earth to protect.
“More than a decade of extensive consultation and collaboration with North -American local tribes and communities have directly caused significant changes in the mining plan to preserve and reduce possible impacts on tribal, social and cultural interests, and this continuous dialogue will continue to configure the project,” said Pamey.
However, Apache Stronghold plans to continue fighting the project, said Wendlser Nosie Sr. of the group in a statement. He said he hopes to urge Congress to take steps to stop the project.
“Although this decision is a heavy blow, our struggle is far from ending,” said Nosie.
Last month, the US Forestry Service issued a notice that would publish a final environmental impact statement and a draft decision after 60 days.
