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Native American Group Appeals to US Supreme Court to Halt Arizona Copper Mine

A Native American non-profit organization has made a last-ditch appeal to the US Supreme Court to prevent two major mining companies from accessing Arizona land to build one of the world’s largest copper mines. The case pits religious rights against the energy transition.

Key Takeaways

Apache Stronghold, a non-profit group, is leading the appeal.
The appeal challenges a federal land swap deal approved in 2014.
The disputed land is sacred to the San Carlos Apache tribe.
The mine would create a massive crater, destroying the worship site.
The US Department of Justice supports the land swap.
The Supreme Court’s decision could come as early as next June.

Background of the Dispute

Apache Stronghold, a non-profit group consisting of Arizona’s San Carlos Apache tribe and conservationists, has asked the US Supreme Court to overturn a March ruling that allows the federal government to swap acreage with mining companies Rio Tinto and BHP for their Resolution Copper project. The appeal was delivered in person by a courier after the Apache held a ceremony of prayer and dancing on the court’s steps in Washington, D.C.

Legal and Religious Implications

The appeal argues that the government would be violating the First Amendment’s guarantee of freedom of religion if the mine is developed. The disputed land, known as Chi’chil Bi’dagoteel in the Apache language, is a federally owned campground where many Apache worship their deities. The site sits atop a reserve of more than 40 billion pounds of copper, a crucial component for electric vehicles and electronic devices.

Potential Impact of the Mine

If the mine is built, it would create a crater 2 miles wide and 1,000 feet deep, effectively destroying the worship site. In 2014, Congress and then-President Barack Obama approved a complex deal to give Rio Tinto the land. However, President Joe Biden froze the land swap after assuming office in 2021.

Government and Corporate Stance

The US Department of Justice, under Biden’s administration, has argued that the government has the right to give away its land regardless of religious implications. “That legal argument is astonishingly broad and harmful to Native Americans and people of all faiths,” said Luke Goodrich, a Becket attorney leading the appeal.

Rio Tinto has stated that the case “does not present any question worthy of Supreme Court review” given the Ninth Circuit’s ruling, which it supported. BHP, which owns 45% of the project to Rio Tinto’s 55%, declined to comment. Both companies have spent more than $2 billion on the project without producing any copper.

Timeline and Next Steps

At least four justices need to agree to hear the appeal. If the court agrees, it could hold oral arguments in its term beginning next month and potentially issue a decision by next June. The date of the appeal coincides with the four-year anniversary of when Rio Tinto fired its former CEO for inadequate consultation with Indigenous groups in Australia.