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Supreme Court Declines Apache Stronghold Appeal, Clearing Path for Arizona Copper Mine

By ending litigation over the 2014 Congress-approved land swap, the ruling clears the way for the government’s final environmental review to advance the Resolution Copper project.

Members of Apache and others who want to halt a massive copper mining project on federal land in Arizona gather outside the U.S. District Court, May 7, 2025, in Phoenix.
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A view of the U.S. Supreme Court in Washington, U.S. June 29, 2024. REUTERS/Kevin Mohatt
FILE - The Supreme Court is seen on Capitol Hill in Washington, Dec. 17, 2024. (AP Photo/J. Scott Applewhite, File)

Overview

  • The Supreme Court let stand lower-court decisions approving the transfer of Oak Flat in Tonto National Forest to Resolution Copper by rejecting the appeal from Apache Stronghold.
  • Justices Neil Gorsuch and Clarence Thomas dissented from the denial, warning that the court’s refusal to hear the case undermines protections for Native American religious exercise.
  • Western Apache view Oak Flat, known as Chí’chil Biłdagoteel, as essential for sacred ceremonies and fear the mine’s planned panel-caving technique will create a 1,000-foot-deep, two-mile-wide crater.
  • The Trump administration has announced plans to publish a final environmental impact statement, satisfying the requirement for the 2014 land exchange and moving the mine toward development.
  • Resolution Copper, a joint venture of Rio Tinto and BHP, projects the mine will supply about 25 percent of U.S. copper needs, create 3,500 jobs and generate roughly $1.2 billion annually for Arizona’s economy.