US Supreme Court Refuses to Hear Lawsuit Against Rio Tinto Project

According to a report on Mining.com, the US Supreme Court declined on Tuesday to hear an appeal by Apache Stronghold (AS) aimed at blocking the development of the Resolution copper mine, a joint venture between Rio Tinto and BHP.

Apache Stronghold, comprising the San Carlos Apache tribe from southeastern Arizona and conservationists, appealed a 2024 lower court ruling that allowed federal land exchange, enabling the mining companies to acquire land considered sacred by the Apache.

On May 9, a federal judge in Arizona ordered a temporary halt to the land exchange pending the outcome of the appeal to the Supreme Court.

Rio Tinto holds a 55% stake in the Resolution copper mine, with the remaining 45% held by BHP, and Rio Tinto remains the operator.

Rio Tinto has invested over $2 billion in the project, which is set to become the largest copper mine in North America. The mine, the world's third-largest known copper deposit, could meet a quarter of the US's copper demand for decades.

Apache Stronghold first filed a lawsuit in 2021, alleging that the project violated constitutional and legal protections for religious freedom. They claimed that the mine would devastate Oak Flat (Chi’chil Biłdagoteel in Apache), a sacred site where Western Apache people conduct traditional ceremonies, including a four-day coming-of-age ritual for young women.

The group argued that the mine would violate the 1852 treaty, which obligated the US government to protect Apache lands and ensure the tribe's "prosperity and happiness for generations."

Under the National Defense Authorization Act signed by then-President Obama in 2014, Congress authorized the land exchange. The law allowed Rio Tinto and BHP to exchange land for Oak Flat, located approximately 70 miles (113 kilometers) east of Phoenix.

The transfer depended on an environmental impact statement issued in the final days of Trump's first term in January 2021. However, in March 2021, the Biden administration withdrew the statement, halting the transfer.

The US Forest Service (USFS) is expected to reissue the environmental assessment report, potentially allowing the land exchange to proceed as early as June 16.

Rio Tinto is expanding its copper assets to meet growing global demand, with analysts predicting that supply will soon fall short of demand.

In 2023, the company commenced underground mining at its Oyu Tolgoi copper mine in Mongolia, which is set to become the world's fourth-largest copper mine by 2030.

In Peru, Rio Tinto is collaborating with Codelco and First Quantum Minerals of Canada to develop the La Granja project, one of the world's largest undeveloped copper deposits.

Rio Tinto is also investing in greener extraction technologies, including Nuton—a bioheap leaching technology for copper extraction from tailings and low-grade ore, which was jointly developed with Arizona Sonoran Copper.