Latest news with #ApacheStronghold
Yahoo
11-06-2025
- Politics
- Yahoo
The Supreme Court said no, but this legal battle lives on
A major mining project in Arizona remains on hold this month even after the Supreme Court declined to consider a faith-based plea to block it. The justices said on May 27 that they wouldn't hear a religious freedom case aimed at preventing federal officials from transferring Oak Flat, a site that's sacred to the Western Apache, to Resolution Copper. At first, that announcement seemed like the end of the road for the mining project's opponents. But then on Monday, they secured a small but potentially significant victory in a federal court in Arizona in separate but related lawsuits on the future of Oak Flat. According to Inside Climate News, one of the ongoing lawsuits was brought by the San Carlos Apache Tribe and argues that the land transfer would violate a treaty between the tribe and the government, as well as environmental and historic preservation laws. The other lawsuit was brought by a group of environmental activists, who claim the government has failed to fully study the environmental impact of the proposed mining project. In Monday's ruling, U.S. District Court Judge Dominic W. Lanza said the government can't transfer the land until at least 60 days after the publication of the Environmental Impact Statement on the mining project and promised to revisit the transfer during that 60-day period to consider implementing an injunction that would block it. The battle over Oak Flat dates back to 2014, when Congress removed the federal protections that were preventing mining in the area, as the Deseret News previously reported. That legal shift made it possible for the land to be transferred to a private company, although seven years passed with no major developments along those lines. But then, in 2021, the federal government published an Environmental Impact Statement on Oak Flat, signaling that mining was soon to begin. That's when a group of Native Americans filed a religion lawsuit to block the land transfer, arguing that destroying Oak Flat would violate their religious freedom rights. While the lawsuit, called Apache Stronghold v. United States, delayed the mining project, it didn't restore land protections. Apache Stronghold lost at the district and circuit court level, where judges said destroying Oak Flat would not violate the Religious Freedom Restoration Act. With its May 27 announcement, the Supreme Court allowed those decisions to remain in place. Justice Neil Gorsuch criticized the court's refusal to take up the case in a strongly worded dissent, which was joined by Justice Clarence Thomas. 'Just imagine if the government sought to demolish a historic cathedral on so questionable a chain of legal reasoning. I have no doubt that we would find that case worth our time. Faced with the government's plan to destroy an ancient site of tribal worship, we owe the Apaches no less,' Gorsuch wrote. Although the Supreme Court's announcement brought an end to the religious freedom case, it did not end the battle. Two other lawsuits aimed at blocking the mining are ongoing, as Inside Climate News reported. By ensuring that the land transfer won't happen before late August, Judge Lanza in Arizona created time for those lawsuits to move forward. The mining project's opponents present the judge's move as significant, noting that they haven't given up hope. 'We are grateful that Judge Lanza has provided us an opportunity to be heard,' San Carlos Apache Tribe Chairman Terry Rambler said in a statement provided to the Deseret News. But the mining project's supporters believe their plan is still on track. 'The court correctly found no legal basis for a preliminary injunction, and its order is consistent with prior decisions about this project at every level, including the Supreme Court's recent decision to deny further review in Apache Stronghold v. United States,' said Vicky Peacey, president and general manager of Resolution Copper, in a statement. 'The order simply gives the parties time to review the (Environmental Impact Statement) within the timeframe Congress directed for the land exchange. We are confident the project satisfies all applicable legal requirements.' The statement is expected to be published by June 20, Inside Climate News reported. Once it's released, the 60-day countdown will start.
09-06-2025
- Politics
Attorneys get more time to argue over contested copper mine on land sacred to Apaches
A U.S. district judge in Arizona has opened the door for the next round of legal wrangling as environmentalists and some Native Americas seek to stop the federal government from transferring land in Arizona for a massive copper mining project. Judge Dominic Lanza in a ruling issued Monday denied motions that sought to halt the transfer pending the outcome of the case. However, he did preclude the U.S. Forest Service from proceeding with the land exchange until 60 days after the agency issues a required environmental review. Lanza said that would give the parties more time to analyze the environmental report and file amended complaints. He said granting a preliminary injunction now would be premature since the review will differ in some ways from the one that spurred the legal challenge four years ago. 'It is unfortunate that the result of this order will be to force the parties to engage in another stressful, abbreviated round of briefing and litigation activity" when the new review is issued, he said, acknowledging the unusual circumstances. Attorneys for the federal government and the mining company agreed during a recent hearing to the 60-day delay. That time frame also is specified in the legislation that Congress passed and then-President Barack Obama signed in 2014 authorizing the exchange. The group Apache Stronghold, the San Carlos Apache Tribe and others welcomed more time to fight for Oak Flat, an area they consider as holy. 'In this critical moment, we call on the Trump administration and Congress to halt the transfer to a Chinese-owned mine, and honor what is sacred,' said Wendsler Nosie Sr., leader of Apache Stronghold. "As we continue to fight in court, know this: Nothing will turn us away from defending the spiritual essence of our people, the lifeblood that connects us to the creator and this land.' A statement from Resolution Cooper said the ruling is consistent with prior decisions and gives the parties time to review the final environmental impact statement that will be issued later this month. 'We are confident the project satisfies all applicable legal requirements,' said Resolution president and general manager Vicky Peacey. She added that years of consultation with tribes and communities resulted in changes to the mining plan to reduce potential effects. The fight over Oak Flat dates back about 20 years, when legislation proposing the land exchange was first introduced. It failed repeatedly in Congress before being included in a must-pass national defense spending bill in 2014. San Carlos Apache Chairman Terry Rambler said Monday that the bill was not in the best interest of the American people, Arizona or his tribe. He said concerns persist about the mine's use of groundwater and the pending obliteration of the culturally significant site. Apache Stronghold and the tribe sued the U.S. government in 2021 to protect the place tribal members call Chi'chil Bildagoteel, which is dotted with ancient oak groves and traditional plants the Apaches consider essential to their religion. The U.S. Supreme Court recently rejected an appeal by the Apache group, letting lower court rulings stand. The project has support in nearby Superior and other traditional mining towns in the area. The company — a subsidiary of international mining giants Rio Tinto and BHP — estimates the mine will generate $1 billion a year for Arizona's economy and create thousands of jobs.
Yahoo
09-06-2025
- Politics
- Yahoo
Attorneys get more time to argue over contested copper mine on land sacred to Apaches
A U.S. district judge in Arizona has opened the door for the next round of legal wrangling as environmentalists and some Native Americas seek to stop the federal government from transferring land in Arizona for a massive copper mining project. Judge Dominic Lanza in a ruling issued Monday denied motions that sought to halt the transfer pending the outcome of the case. However, he did preclude the U.S. Forest Service from proceeding with the land exchange until 60 days after the agency issues a required environmental review. Lanza said that would give the parties more time to analyze the environmental report and file amended complaints. He said granting a preliminary injunction now would be premature since the review will differ in some ways from the one that spurred the legal challenge four years ago. 'It is unfortunate that the result of this order will be to force the parties to engage in another stressful, abbreviated round of briefing and litigation activity" when the new review is issued, he said, acknowledging the unusual circumstances. Attorneys for the federal government and the mining company agreed during a recent hearing to the 60-day delay. That time frame also is specified in the legislation that Congress passed and then-President Barack Obama signed in 2014 authorizing the exchange. The group Apache Stronghold, the San Carlos Apache Tribe and others welcomed more time to fight for Oak Flat, an area they consider as holy. 'In this critical moment, we call on the Trump administration and Congress to halt the transfer to a Chinese-owned mine, and honor what is sacred,' said Wendsler Nosie Sr., leader of Apache Stronghold. "As we continue to fight in court, know this: Nothing will turn us away from defending the spiritual essence of our people, the lifeblood that connects us to the creator and this land.' A statement from Resolution Cooper said the ruling is consistent with prior decisions and gives the parties time to review the final environmental impact statement that will be issued later this month. 'We are confident the project satisfies all applicable legal requirements,' said Resolution president and general manager Vicky Peacey. She added that years of consultation with tribes and communities resulted in changes to the mining plan to reduce potential effects. The fight over Oak Flat dates back about 20 years, when legislation proposing the land exchange was first introduced. It failed repeatedly in Congress before being included in a must-pass national defense spending bill in 2014. San Carlos Apache Chairman Terry Rambler said Monday that the bill was not in the best interest of the American people, Arizona or his tribe. He said concerns persist about the mine's use of groundwater and the pending obliteration of the culturally significant site. Apache Stronghold and the tribe sued the U.S. government in 2021 to protect the place tribal members call Chi'chil Bildagoteel, which is dotted with ancient oak groves and traditional plants the Apaches consider essential to their religion. The U.S. Supreme Court recently rejected an appeal by the Apache group, letting lower court rulings stand. The project has support in nearby Superior and other traditional mining towns in the area. The company — a subsidiary of international mining giants Rio Tinto and BHP — estimates the mine will generate $1 billion a year for Arizona's economy and create thousands of jobs.
The Hill
09-06-2025
- Politics
- The Hill
Attorneys get more time to argue over contested copper mine on land sacred to Apaches
A U.S. district judge in Arizona has opened the door for the next round of legal wrangling as environmentalists and some Native Americas seek to stop the federal government from transferring land in Arizona for a massive copper mining project. Judge Dominic Lanza in a ruling issued Monday denied motions that sought to halt the transfer pending the outcome of the case. However, he did preclude the U.S. Forest Service from proceeding with the land exchange until 60 days after the agency issues a required environmental review. Lanza said that would give the parties more time to analyze the environmental report and file amended complaints. He said granting a preliminary injunction now would be premature since the review will differ in some ways from the one that spurred the legal challenge four years ago. 'It is unfortunate that the result of this order will be to force the parties to engage in another stressful, abbreviated round of briefing and litigation activity' when the new review is issued, he said, acknowledging the unusual circumstances. Attorneys for the federal government and the mining company agreed during a recent hearing to the 60-day delay. That time frame also is specified in the legislation that Congress passed and then-President Barack Obama signed in 2014 authorizing the exchange. The group Apache Stronghold, the San Carlos Apache Tribe and others welcomed more time to fight for Oak Flat, an area they consider as holy. 'In this critical moment, we call on the Trump administration and Congress to halt the transfer to a Chinese-owned mine, and honor what is sacred,' said Wendsler Nosie Sr., leader of Apache Stronghold. 'As we continue to fight in court, know this: Nothing will turn us away from defending the spiritual essence of our people, the lifeblood that connects us to the creator and this land.' A statement from Resolution Cooper said the ruling is consistent with prior decisions and gives the parties time to review the final environmental impact statement that will be issued later this month. 'We are confident the project satisfies all applicable legal requirements,' said Resolution president and general manager Vicky Peacey. She added that years of consultation with tribes and communities resulted in changes to the mining plan to reduce potential effects. The fight over Oak Flat dates back about 20 years, when legislation proposing the land exchange was first introduced. It failed repeatedly in Congress before being included in a must-pass national defense spending bill in 2014. San Carlos Apache Chairman Terry Rambler said Monday that the bill was not in the best interest of the American people, Arizona or his tribe. He said concerns persist about the mine's use of groundwater and the pending obliteration of the culturally significant site. Apache Stronghold and the tribe sued the U.S. government in 2021 to protect the place tribal members call Chi'chil Bildagoteel, which is dotted with ancient oak groves and traditional plants the Apaches consider essential to their religion. The U.S. Supreme Court recently rejected an appeal by the Apache group, letting lower court rulings stand. The project has support in nearby Superior and other traditional mining towns in the area. The company — a subsidiary of international mining giants Rio Tinto and BHP — estimates the mine will generate $1 billion a year for Arizona's economy and create thousands of jobs.
Winnipeg Free Press
09-06-2025
- Politics
- Winnipeg Free Press
Attorneys get more time to argue over contested copper mine on land sacred to Apaches
A U.S. district judge in Arizona has opened the door for the next round of legal wrangling as environmentalists and some Native Americas seek to stop the federal government from transferring land in Arizona for a massive copper mining project. Judge Dominic Lanza in a ruling issued Monday denied motions that sought to halt the transfer pending the outcome of the case. However, he did preclude the U.S. Forest Service from proceeding with the land exchange until 60 days after the agency issues a required environmental review. Lanza said that would give the parties more time to analyze the environmental report and file amended complaints. He said granting a preliminary injunction now would be premature since the review will differ in some ways from the one that spurred the legal challenge four years ago. 'It is unfortunate that the result of this order will be to force the parties to engage in another stressful, abbreviated round of briefing and litigation activity' when the new review is issued, he said, acknowledging the unusual circumstances. Attorneys for the federal government and the mining company agreed during a recent hearing to the 60-day delay. That time frame also is specified in the legislation that Congress passed and then-President Barack Obama signed in 2014 authorizing the exchange. The group Apache Stronghold, the San Carlos Apache Tribe and others welcomed more time to fight for Oak Flat, an area they consider as holy. 'In this critical moment, we call on the Trump administration and Congress to halt the transfer to a Chinese-owned mine, and honor what is sacred,' said Wendsler Nosie Sr., leader of Apache Stronghold. 'As we continue to fight in court, know this: Nothing will turn us away from defending the spiritual essence of our people, the lifeblood that connects us to the creator and this land.' A statement from Resolution Cooper said the ruling is consistent with prior decisions and gives the parties time to review the final environmental impact statement that will be issued later this month. 'We are confident the project satisfies all applicable legal requirements,' said Resolution president and general manager Vicky Peacey. She added that years of consultation with tribes and communities resulted in changes to the mining plan to reduce potential effects. The fight over Oak Flat dates back about 20 years, when legislation proposing the land exchange was first introduced. It failed repeatedly in Congress before being included in a must-pass national defense spending bill in 2014. San Carlos Apache Chairman Terry Rambler said Monday that the bill was not in the best interest of the American people, Arizona or his tribe. He said concerns persist about the mine's use of groundwater and the pending obliteration of the culturally significant site. Apache Stronghold and the tribe sued the U.S. government in 2021 to protect the place tribal members call Chi'chil Bildagoteel, which is dotted with ancient oak groves and traditional plants the Apaches consider essential to their religion. The U.S. Supreme Court recently rejected an appeal by the Apache group, letting lower court rulings stand. The project has support in nearby Superior and other traditional mining towns in the area. The company — a subsidiary of international mining giants Rio Tinto and BHP — estimates the mine will generate $1 billion a year for Arizona's economy and create thousands of jobs.
