US Supreme Court rejects appeal to block Resolution Copper Mine

The US Supreme Court declined on Tuesday to hear an appeal by the Apache Stronghold seeking to block the development of the Resolution Copper mine in Arizona. The mine is a joint venture between Rio Tinto and BHP.

“We are pleased that the Ninth Circuit’s decision will stand,” Vicky Peacey, General Manager, Resolution Copper said.“The Resolution Copper mine is vital to securing America’s energy future, infrastructure needs, and national defense with a domestic supply of copper and other critical minerals. We are encouraged by the significant community support for the project, which has the potential to become one of the largest copper mines in America, add $1 billion a year to Arizona’s economy, and create thousands of local jobs in a region where mining has played an important role for more than a century. More than a decade of extensive consultation and collaboration with Native American Tribes and local communities has directly led to major changes to the mining plan to preserve and reduce potential impacts on Tribal, social, and cultural interests, and this ongoing dialogue will continue to shape the project.”

Apache Stronghold, an advocacy group comprising members of Arizona’s San Carlos Apache Tribe and conservationists challenged a lower court decision that permitted a federal land swap, allowing the mining companies to acquire land considered sacred by the Apache for the project.

A federal judge in Arizona had put a temporary halt on the land transfer on May 9 pending the outcome of the Supreme Court appeal.

The Resolution Copper project is 55 percent owned by Rio Tinto and 45 percent by BHP, with Rio Tinto serving as the operator.

The Supreme Court ruling was applauded by the National Mining Association which said on LinkedIn “With today’s Supreme Court ruling, Congress, the executive & judicial branches all agree that the Resolution Copper land exchange should proceed. The mine holds the potential to produce 40 billion lbs of copper over 40 yrs. After 10+ years of extensive collaboration with Native tribes & local communities — resulting in major plan changes — it’s time to move forward for US jobs, & national & supply chain security.”

The companies have already invested more than $2 billion into the project, which is poised to become North America’s largest copper mine. It contains the third-largest known copper deposit globally and could meet over a quarter of U.S. copper demand for decades.

Apache Stronghold first filed suit in 2021, claiming the project violates constitutional and statutory protections for religious freedom.

The group says the mine would violate an 1852 treaty in which the US government promised to protect Apache lands and ensure the tribe’s “permanent prosperity and happiness.”

Congress authorized the land swap as part of a 2014 defense spending bill signed by then-President Barack Obama. The legislation allowed Rio Tinto and BHP to exchange private lands for Oak Flat, located about 70 miles (113 km) east of Phoenix.

The transfer was contingent on the completion of an environmental impact statement, which was released in January 2021, during the final days of the first Trump administration. However, in March 2021, the Biden administration withdrew the statement, halting the transfer temporarily.

The US Forest Service is expected to reissue the environmental report, potentially allowing the land swap to proceed as early as June 16.