Just before a scheduled land transfer, a federal appeals court in Arizona temporarily blocked the deal on Monday, which would have led to the destruction of a sacred Western Apache site. The 9th U.S. Circuit Court of Appeals issued a temporary restraining order, halting the U.S. Forest Service’s planned transfer of land to the mining company Resolution Copper. The San Carlos Apache Tribe and several environmental groups are fighting to protect Oak Flat, known in Apache as Chí’chil Biłdagoteel.
Resolution Copper has spent 20 years trying to access the 2,200 acres of Tonto National Forest containing both the sacred site and a large copper deposit. The court’s order pauses the transfer until it rules on two lawsuits claiming the approval violated the National Environmental Policy Act and that there was insufficient consultation with the tribe.
San Carlos Apache Tribe Chairman Terry Rambler expressed gratitude for the court’s decision to halt the land exchange, allowing for further legal arguments. Resolution Copper, however, described the order as a “temporary pause” and remains confident the court will uphold the district court’s decision supporting the land exchange’s legality.
U.S. District Judge Dominic W. Lanza recently dismissed challenges to the transfer, clearing the way for the deal to proceed. He noted the mine would damage the sacred site and deplete local groundwater, but explained that the transfer was enacted by Congress in a 2014 law signed by President Barack Obama. The Supreme Court previously refused to hear a related challenge against the mine.
The U.S. Department of Agriculture, overseeing the Forest Service, did not comment on the court order but said the land transfer aligns with efforts to boost domestic mineral production.
The Trump administration had signaled approval for the project in April. An Apache religious group, Apache Stronghold’s, case was denied by the Supreme Court in May. Later, the Forest Service released the final environmental impact statement, setting the transfer for completion by August 19.
The proposed mine has highlighted a significant environmental debate in the U.S. The 9th Circuit’s order set deadlines for legal briefs, with the tribe and environmental groups required to file by September 9 and responses from the Forest Service and Resolution Copper due by September 29.
Sierra Club’s Grand Canyon Chapter Director Sandy Bahr thanked the court for pausing the land exchange, stressing the importance of preserving Oak Flat’s cultural and ecological value.
The lawsuits argue the Forest Service did not adequately consult the tribe and violated environmental policies. Another case by Apache women claims the transfer and mine infringe on religious freedoms related to ceremonies held at Oak Flat, seen as a sacred corridor to the Creator for Western Apache people.
Oak Flat, under U.S. Forest Service management since the 1950s, has been listed on the National Register of Historic Places. It faced new mining threats after late Arizona Senator John McCain and former Senator Jeff Flake attached a rider to the 2014 defense bill mandating its transfer to Resolution Copper.
The mining plan involves “block cave mining,” where the land’s surface caves in to reveal ore, creating a pit 1.8 miles wide and 1,000 feet deep. The mine would also significantly deplete local groundwater, which the Arizona State Land Department criticized as harmful to nearby development.
Resolution Copper plans to exchange land with the federal government, but the centerpiece of their offering faces potential threats from another copper mine proposal.
Maria Dadgar of the Inter Tribal Association of Arizona emphasized the inseparable link between the land’s health and the health of indigenous people, underscoring their ongoing efforts to maintain sovereignty and prosperity in Arizona.