US Judge Orders Halt to Transfer of Federal Land to Rio Tinto

According to a report from Mining.com citing Reuters, a federal court in the US ordered on Friday (May 9) that the Trump administration cannot currently transfer land to Rio Tinto and BHP for the development of a copper mine opposed by Native Americans, citing the Supreme Court's ongoing review of the complex case.

Currently, the Resolution copper mine project is at the center of a contentious battle. On one hand, there is a need to safeguard the religious rights of the San Carlos Apache people of Arizona, while on the other, there is a growing demand for copper driven by the energy transition, prompting the US government to call for expanded domestic mineral production.

In an 18-page order, US District Judge Steven Logan stated that Apache Stronghold, a non-profit organization representing the Apache people and their allies, may succeed in their appeal to the Supreme Court, and therefore the land transfer should be temporarily halted.

"It is clear that the balance tips in favor of Apache Stronghold, and they have established that they will suffer irreparable harm if the transfer proceeds, even in the short term," he said.

The dispute centers on Oak Flat Campground, a federally owned site where many Apache people worship their deities. Beneath the campground lies a copper deposit with reserves exceeding 40 billion pounds (18.1 million mt), a critical material for manufacturing electric vehicles and nearly all electronic devices.

If built, the Resolution copper mine's open pit would span 2 miles (3 km) wide and 1,000 feet (304 m) deep, gradually engulfing the campground.

Since 2021, US courts have repeatedly denied the Apache people's requests to block the land transfer. These rulings followed a decision made by the US Congress and then-President Obama in 2014.

During his first term, President Trump initiated the federal land transfer, but this move was vetoed by his successor, Biden, as the case was pending in court.

The US Supreme Court is now considering whether to take up the case. The Supreme Court has indicated at least 13 times that it will continue to review the appeal, making the process highly unusual.

Meanwhile, Trump restarted the land transfer process last month, with the US government planning to complete it as early as June 16, prompting Logan's emergency ruling.

In his ruling on Friday, Logan stated, "There is a substantial basis to believe that 'the Supreme Court will take up the case.'" The commitments made by Rio Tinto and BHP to keep the area accessible to the public for as long as safely possible are "not credible," as they are not legally binding, Logan added.

Logan did not believe the testimony given by Rio Tinto executives at a hearing earlier last week. Rio Tinto claimed that it had already invested $2.7 billion in the Resolution Copper project and was spending $11 million per month on maintenance, which was the company's "voluntary choice."

Rio Tinto stated that it was evaluating the ruling of the local court.

"This interim order... will not change the essence of the legal issues currently being heard by the Supreme Court," a Rio Tinto spokesperson said.

BHP, which holds a 45% stake in the project, did not immediately respond to requests for comment.

Wendsler Nosie, a leader of the Apache Stronghold, expressed that he was "grateful to the judge for stopping this land grab, allowing the Supreme Court time to protect Oak Flat from destruction."