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Appeals Court Halts Oak Flat Land Transfer as 9th Circuit Weighs Challenges

The ruling pauses a congressionally mandated land swap pending a fast‑tracked appeal over environmental review plus religious‑rights claims.

FILE - Campers utilize Oak Flat Campground in the Tonto National Forest, June 9, 2023, in Miami, Ariz. (AP Photo/Matt York, File)
Image
FILE - Mine shafts 10, left, and 9, right, tower over the Resolution Copper Mining Company facility, June 9, 2023, in Miami, Ariz. (AP Photo/Matt York, File)
U.S. President Donald Trump gestures after welcoming Armenia's Prime Minister Nikol Pashinyan to the White House in Washington, D.C., U.S., August 8, 2025. REUTERS/Jessica Koscielniak/File photo

Overview

  • A three‑judge 9th Circuit panel issued an emergency injunction late Monday, stopping the Aug. 19 transfer of roughly 2,400 acres at Oak Flat to Resolution Copper.
  • The court set an expedited timetable, with the appeals process beginning Sept. 8 and arguments expected later this year.
  • Plaintiffs including the San Carlos Apache Tribe and conservation groups argue the government must complete a comprehensive NEPA review covering tailings‑dam failure risks, pipelines, emergency plans, and all related infrastructure.
  • The U.S. Forest Service contends Congress mandated the land swap in a 2014 defense bill, leaving the agency no discretion to block the transfer.
  • President Trump criticized the injunction on Truth Social and met at the White House with the CEOs of Rio Tinto and BHP alongside Interior Secretary Doug Burgum, as the company touts jobs and opponents warn of a giant crater and groundwater depletion.