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Supreme Court Denies Tribal Appeal, Allows Oak Flat Copper Project

A 60-day notice signals the Forest Service will restart its environmental review following lower court rulings against the tribe’s challenge.

Members of Apache and others who want to halt a massive copper mining project on federal land in Arizona gather outside the U.S. District Court, May 7, 2025, in Phoenix.
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A view of the U.S. Supreme Court in Washington, U.S. June 29, 2024. REUTERS/Kevin Mohatt
FILE - The Supreme Court is seen on Capitol Hill in Washington, Dec. 17, 2024. (AP Photo/J. Scott Applewhite, File)

Overview

  • The Supreme Court’s refusal on May 27 upholds a 2014 congressional land swap that transfers 2,422 acres of Oak Flat to Resolution Copper for mining.
  • Justices Neil Gorsuch and Clarence Thomas dissented, warning the decision abandons Western Apache religious protections by permitting the site’s destruction.
  • Oak Flat, regarded by Western Apaches as a direct corridor to the Creator, would be obliterated by a two-mile-wide, 1,000-foot-deep crater created through panel-carving mining.
  • Resolution Copper, the Rio TintoBHP joint venture, estimates the mine could yield about 40 billion pounds of copper, generating roughly $1 billion annually and thousands of Arizona jobs.
  • The U.S. Forest Service has issued a 60-day notice to reissue the environmental impact statement, a key procedural step before finalizing the land transfer.