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A U.S. federal judge has temporarily halted the transfer of federally owned land in Arizona to mining giants Rio Tinto (NYSE:RIO) and BHP for the controversial Resolution Copper project. The proposed mine has faced strong opposition from the San Carlos Apache Tribe, who argue that it threatens their sacred Oak Flat site.
In a ruling issued Friday, U.S. District Judge Steven Logan cited the likelihood that Apache Stronghold—a nonprofit representing tribal interests—will succeed in its appeal to the Supreme Court. The high court is still deliberating whether to take up the case, a process that has now stretched over 13 conferences.
Judge Logan stated that the balance of equities “tips sharply” in favor of Apache Stronghold and warned of “irreparable harm” should the land be transferred before the Supreme Court makes a decision. The Resolution Copper project would create a massive crater, destroying the Oak Flat Campground, which holds deep spiritual significance for the Apache people.
Despite $2.7 billion already invested in the project, with another $11 million spent monthly on maintenance, the judge called these expenditures Rio Tinto’s “voluntary choice.” He also dismissed the company’s assurances of continued public access as “insufficient,” since they lack legal enforceability.
The land transfer, initiated during former President Donald Trump’s first term, was later paused by President Joe Biden. Trump recently sought to restart the process, targeting June 16 as the completion date. This prompted Apache Stronghold to seek emergency relief.
Rio Tinto said it is reviewing the court’s decision, while BHP, which holds a 45% stake in the project, has yet to comment. Apache Stronghold leader Wendsler Nosie praised the ruling, calling it a crucial step in protecting Oak Flat from permanent destruction.
