A contentious battle between a mining company and Indigenous rights advocates took a pivotal turn last week as the Ninth Circuit U.S. Court of Appeals permitted a controversial land exchange to proceed, sparking further tension over a proposed copper mine in Arizona. An 11-judge panel delivered a split 6-5 verdict on March 1, effectively overriding objections posed by Wendsler Nosie, former chairman of the San Carlos Apache Tribe, and a coalition of groups including the nonprofit Apache Stronghold, according to ABC15.
The land swap involves the federal government ceding 2,422 acres to Resolution Copper Mining LLC, a joint venture between Rio Tinto and BHP Group, in exchange for 5,344 acres of Arizona land. Years of legal wrangling have centered around Resolution Copper's intent to establish an operation capable of churning out a substantial portion of the nation's copper supply, significantly contributing to both the economy and advancements in technology as per company claims, as reported by Phoenix Business Journal.
Despite assertions of good faith and continuous dialogue with local communities and Indigenous groups, Resolution Copper has been facing staunch opposition over the environmental impacts and cultural desecrations projected by the mine's development. Apache Stronghold sees the latest ruling as a direct attack on their spiritual practices, promising escalation to the highest legal echelon. "Today’s ruling targets the spiritual lifeblood of my people, but it will not stop our struggle to save Oak Flat. We vow to appeal to the Supreme Court," Nosie declared, in a statement obtained by Phoenix Business Journal.
Vicky Peacey, Resolution Copper President and General Manager welcomed the court's decision, stressing the project's local backing and expressing a commitment to mitigating its impacts. "Our dialogue with local communities and tribes will continue to shape the project as we seek to understand and address the concerns that have been raised, building on more than a decade of government consultation and review," Peacey said, as per statements to the Phoenix Business Journal.
