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Supreme Court Rejects Apache Stronghold Appeal, Clearing Path for Oak Flat Copper Mine

A final environmental review will precede a June 16 land transfer after the court declined to take up the challenge.

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

  • On May 27, the Supreme Court denied Apache Stronghold’s bid to block a 2014 law–authorized land swap at Oak Flat, with Justices Gorsuch and Thomas dissenting and Justice Alito recused.
  • Congress’s 2014 legislation directs about 2,400 acres of Tonto National Forest to Resolution Copper, which plans block-cave mining expected to yield around 40 billion pounds of copper and leave a 2-mile-wide, 1,000-foot-deep crater.
  • Oak Flat—Chí’chil Biłdagoteel—holds unique spiritual value for Western Apache tribes, who argue the project violates their rights under the First Amendment and the Religious Freedom Restoration Act.
  • Resolution Copper projects that the mine could contribute about $1 billion annually to Arizona’s economy, create thousands of jobs and supply up to 25 percent of U.S. copper needs for energy and defense.
  • The U.S. Forest Service will issue its final environmental impact statement and move forward with the land transfer by June 16, even as tribes pledge further legal and congressional efforts to protect Oak Flat.