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Supreme Court Refuses Apache Challenge, Clearing Way for Oak Flat Mine

The decision moves the land transfer toward completion by mandating a renewed Forest Service environmental review within 60 days.

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 declined to hear Apache Stronghold’s appeal under the Religious Freedom Restoration Act, leaving intact lower-court rulings that approved the 2014 land swap.
  • Justices Neil Gorsuch and Clarence Thomas dissented, warning that the court bypassed consideration of Oak Flat’s deep spiritual importance to Western Apache ceremonies.
  • Resolution Copper, owned by Rio Tinto and BHP, plans to extract an estimated 40 billion pounds of copper from the site, projecting $1 billion in annual economic benefits for Arizona and thousands of jobs.
  • Critics say the project will destroy Oak Flat by creating a two-mile-wide, 1,000-foot-deep crater on land sacred for rituals such as sweat lodges and Sunrise Dances.
  • The U.S. Forest Service has issued a 60-day notice to republish its environmental impact statement, a required step before finalizing the land transfer and mine development.