US Supreme Court clears way for Rio Tinto, BHP’s mine on Apache land
Make us a preferred source
Make us a preferred source on Google
The news: The US Supreme Court has rejected an appeal by Apache Stronghold, a Native American group, clearing the way for Rio Tinto and BHP’s Resolution Copper project in Arizona.
The court’s decision lets the mining companies access 2,422 acres of federally owned land containing over 40 billion pounds of copper.
The context: Oak Flat, part of this land, is sacred to the Apache and has been used for sacred rituals.
In 2014, Congress approved the transfer of the land to Resolution Copper in exchange for eight parcels of company-owned land in Arizona, as part of a defence spending bill.
The Trump administration sought to proceed with the transfer, while the Biden administration temporarily delayed it.
The mine could supply about 25% of US copper demand, according to Resolution, a JV owned 55% by Rio Tinto and 45% by BHP. Rio is the project’s operator.
What they said: The court did not issue a full ruling with reasons or explanations, because they denied the appeal.
Conservative justices Neil Gorsuch and Clarence Thomas dissented, saying the court’s refusal to hear the case was a “grave mistake”.
"Just imagine if the government sought to demolish a historic cathedral on so questionable a chain of legal reasoning," Gorsuch wrote in the dissent joined by Thomas. "I have no doubt that we would find that case worth our time."
Apache Stronghold leader Wendsler Nosie said the group would continue the fight and urged Congress to intervene.
Vicky Peacey, general manager at Resolution Copper said the project was “vital to securing America’s energy future, infrastructure needs and national defence.”
The sources: Justice Neil Gorsuch dissent, Financial Times, Reuters
