A Native American group has declared their intent to escalate the battle against Rio Tinto’s proposed copper mine in Arizona to the highest judicial authority in the United States. This decision follows a setback from the San Francisco-based 9th US Circuit Court of Appeals, which declined to reconsider whether the US government’s land transfer to the developer was conducted appropriately.
The Resolution Copper project, a collaboration between Rio Tinto and BHP, aims to provide a significant portion of the United States’ copper supply, crucial for the production of electric vehicles, wind turbines, and solar panels in line with federal climate change mitigation strategies. The proposed underground mine aims to produce 120,000 tonnes of ore per day, with the mine expected to produce as much as 40 billion pounds of copper over its estimated 40 year life span.
Apache Stronghold, a nonprofit organization representing San Carlos Apache tribe members and allies, asserts that the land swap in a federal forest northeast of Phoenix violates religious protection laws. They argue that the project would desecrate a site where indigenous ceremonies have been conducted for generations.
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Luke Goodrich, an attorney representing Apache Stronghold, emphasized the importance of religious liberty in the case. He highlighted the Supreme Court’s favorable rulings on similar religious liberty cases in recent years, stating, “Blasting the central sacred site of Western Apaches to oblivion is a great violation of religious liberty.”
In response, a spokesperson for Resolution Copper emphasized the collaborative nature of the mine’s development, involving government entities, Native American communities, and other stakeholders. They pledged to continue engaging with these groups moving forward.
The disputed 2,422-acre plot of land was authorized for transfer by Congress in 2014 as part of a defense bill, in exchange for 5,459 acres of private land elsewhere in Arizona. Despite a previous refusal by an Arizona district court to block the land swap in 2021 and two affirmations of this decision by the 9th Circuit, Apache Stronghold remains undeterred in their pursuit of legal recourse.
The development comes as copper futures surged to an all-time peak, breaching the $5-per-pound mark earlier this week. This surge was propelled by growing apprehensions regarding inadequate supply and increased speculative interest, exacerbated by a short squeeze in the United States.
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