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A US appeals court has ruled that the federal government may give thousands of acres in Arizona to Rio Tinto Plc for a copper mine, upholding a lower court’s ruling and rejecting a request from Native Americans who said the land has religious and cultural import.
The 2-1 ruling from the San Francisco-based 9th US Circuit Court of Appeals, issued late Friday night, essentially defers to a 2014 decision made by the US Congress and then-President Barack Obama to give the land to Rio for its Resolution Copper project as part of a complex land swap deal.
Apache Stronghold, a nonprofit group comprised of members of the San Carlos Apache tribe and others, said it would appeal to the US Supreme Court.
The Arizona dispute centers on the federally owned Oak Flat Campground, which some Apache consider home to deities and which sits atop a reserve of more than 40 billion pounds of copper. If a mine is built, it would create a crater 2 miles (3 km) wide and 1,000 feet (304 m) deep that would destroy that worship site.
Rio and minority partner BHP Group Plc have already spent more than $1 billion on the project without producing any copper.
While two judges said they were sensitive to Apaches’ religious concerns, they stressed their ruling was narrowly tailored to the question about whether the government can do what it wants with its own land and whether the land transfer would prevent Apaches from practicing their religion.
“As we reach this conclusion, we do not rejoice. Rather, we recognize the deep ties that the Apache have to Oak Flat,” the court said it its 58-page ruling. “This dispute must be resolved as are most others in our pluralistic nation: through the political process.”
The dissenting judge said it was “absurd” and “illogical” to think the land swap would not impede Apaches’ religious rights.
A bill under consideration in the US Congress would undo the 2014 land swap, though its fate is unclear. President Joe Biden took steps to pause the land swap last year, though he has few options to delay it indefinitely.
“All the evidence suggests that the land exchange was meant to facilitate mineral exploration activities – nothing more and nothing less,” the court said in the ruling. The proposed mine project comes as demand jumps for copper to make electric vehicles (EVs) and other electronic devices.
Wendsler Nosie, one of the leaders of Apache Stronghold, denounced the decision. “My children, grandchildren, and the generations after them deserve to practice our traditions at Oak Flat,” he said.
Rio, which is based in Australia and Britain, said it would continue to talk with Apaches and others opposed to the mine. “There is significant local support for the project, however, we respect the views of groups who oppose it and will continue our efforts to understand, address and mitigate these concerns,” said Rio spokesperson Simon Letendre.
Mila Besich, the Democratic mayor of Superior, the town closest to the campground, and a supporter of the mine, said she was relieved by the ruling. “The 9th Circuit ruling provides further confirmation that the permitting must continue,” Besich said.
Representatives for BHP were not immediately available to comment. Terry Rambler, chairman of the San Carlos Apache tribe, was not immediately available to comment.
(By Ernest Scheyder; Editing by Chizu Nomiyama)
4 Comments
Peter T. Haberli
The land in question sits in a National Forest, owned by the American people and maintained by the Federal government. In the judges decision they stated, ” The Federal Government can do whatever it wants to do with their land. Excuse me, but I think this is just over reach of government with extreme pressure from Big Business. If Rio Tinto already invested $1 billion, that can weigh heavily on any judges thinking. “Absurd” and “illogical” sounds like the judges personnel feelings not a ruling based on clear cut objectives and level headed thinking, according to Parliamentary Proceedings. A two kilometer hole one mile deep will certainly destroy the Holy Grounds the Native Americans claim. Again, the judge states,”the land exchange was meant to facilitate mineral exploration activities – nothing more and nothing less”. If that is the problem , it should be a easy case to rule on,, not force the Indians to fight it out in the higher courts. Rio Tinto dropped $1 billion already how much do you think they would spend on lawers and court fees? Could the Native Americans pay for further legal costs to match Rio Tintos?
Furthermore, it was also stated, “The proposed mine project comes as demand jumps for copper to make electric vehicles (EVs) and other electronic devices”.
If no one is looking, the price of copper is at a Sixteen Year Low. Is there really that great of a demand, to ignore the Dignity and religious rights of the Native Americans ? Take more of their land? AGAIN?
NO! IT IS NOT RIGHT! We , as a nation, owe the American Indians more than we can ever give back. I am proud to be an American citizen, I am proud of the Native Americans for standing for what they Believe in.
Besides, RIO Tinto is an Australian firm! Why should they be given priority over an American Institution? RIO Tinto, go back to Australia, and rethink this deal!
John Doe
Wow so much to unpack here. First off any one that can Google a commodity price can see that copper is not at a 16 year low. Second, are you even aware of the area in question or the surrounding communities? Doubt it, just knee jerk reaction for a “victim”. 3rd I don’t think we owe the natives anything and the fact that they are Americanized and have their various treaties that establish a temporary reservation renewed in perpetuity is BS and we should phase all of them out and roll the land over to BLM and private where applicable. 4th this is federal land and their argument about it being “sacred” should hold about as much water as me saying my family would go to an outdoor church gathering their own Sundays. Of course sense in the above that would be a Christian service it just doesn’t generate the same emotional response to liberals. 5th build the mine, dig baby dig. 6th n final, more Apachies are wanting this mine to go in so they can work n make money then the handful of really loud lefty environmental wako natives, you would know this if you familiarized yourself on this issue before posting…knee jerk.
BOB HALL
Maybe go to Canada and get copper from pennies that they do not use anymore.,
mike failla
Can we quit follong around with all this and get to work? This was never a holy ground, for that the tribe goes to white river…where its a lot coller. An apache tribal member told me that to my face years ago. Stop with the politics..this has been going on now for nearly 20 years. Enough is enough.