Govind Tekale
A federal judge in Arizona has put the brakes on a controversial land swap that would have handed over Oak Flat, a site sacred to Apache tribes, to a foreign-owned mining company.
Judge Dominic Lanza denied requests from the San Carlos Apache Tribe and environmental groups for an immediate and permanent halt to the land transfer. However, he did block the U.S. Forest Service from finalizing the deal until 60 days after a new environmental review is published.
The ruling gives tribes precious time to challenge the land exchange that would allow Resolution Copper, owned by mining giants Rio Tinto and BHP, to develop what could become one of North America’s largest copper mines.
“We are grateful that Judge Lanza has provided us an opportunity to be heard,” said San Carlos Apache Tribe Chairman Terry Rambler. “The two-month window provides the Tribe an opportunity to file an amended lawsuit challenging the legality of the pending environmental report.”
The dispute centers on 2,422 acres of federal land about 40 miles east of Phoenix. Apache tribes consider Oak Flat, known in Apache as Chi’chil Biłdagoteel, essential to their spiritual practices. The site hosts coming-of-age ceremonies for young women and is believed to be inhabited by Ga’an, or holy spirits.
“This is a place of holy ground. This is our church,” tribal advocate Dallas Cummings previously stated.
The conflict began in 2014 when Congress attached the Southeast Arizona Land Exchange and Conservation Act to a must-pass defense bill. The law requires the Forest Service to transfer Oak Flat to Resolution Copper in exchange for 5,459 acres of private land elsewhere in Arizona.
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Resolution Copper plans to use a mining technique called “block cave mining” that would eventually create a crater nearly two miles wide and over 1,000 feet deep. The company claims the mine would produce 40 billion pounds of copper while creating thousands of jobs and bringing roughly $1 billion annually to Arizona’s economy.
Environmental groups warn the project would deplete groundwater and spread toxic waste across public lands. The mine would use massive amounts of water in an already drought-stricken region.
“We’re concerned about the mine’s massive use of groundwater, which will be devastating for both Arizona and eventually the Tribe,” Chairman Rambler said. “We are also deeply concerned about the environmental destruction and the obliteration of Oak Flat.”
Before such land exchanges can proceed, federal law requires a final environmental impact statement. An earlier review was rescinded in 2021 when the Biden administration directed the Forest Service to “reinitiate consultation with Tribes.” A new statement is expected as early as June 16, 2025.
The judge’s ruling means the earliest the land transfer could happen is August 19. The Tribe and environmental groups have until July 14 to submit amended complaints.
“It’s a tremendous relief that the court will prevent this terrible land exchange from taking place until we have the opportunity to review the Forest Service’s analysis and seek a more extended injunction,” said Marc Fink from the Center for Biological Diversity.
The fight over Oak Flat has already reached the Supreme Court once, which declined to hear an appeal last month. With multiple lawsuits still pending and the new environmental review approaching, the battle over this sacred Apache land and valuable copper deposit continues.
