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US Judge halts land swap for Rio Tinto copper mining opposed by Native Americans

A U.S. Federal Judge on Friday temporarily stopped the Trump Administration from transferring land for a copper mining project to Rio Tinto or BHP, which Native Americans opposed. The judge cited the Supreme Court’s ongoing deliberations.

The Resolution Copper project has been a long-running battle between the San Carlos Apaches of Arizona and Washington, who want to increase minerals production while also protecting the religious rights.

In an 18-page ruling, U.S. district judge Steven Logan stated that the Apache Stronghold (a nonprofit group comprised of Apaches and their allies) is likely to be dissolved.

The Supreme Court of Canada has heard the appeal and ruled in favor of the plaintiff

The land transfer should therefore be stopped for the time being.

Logan stated that it was "clear that the balance is in favor of (Apache Stronghold) and that, even in the short-term, there's a high probability of irreparable damage if the transfer proceeds."

The conflict centers around the federally-owned Oak Flat Campground, where many Apaches worship their deities. The site is located on top of a copper reserve that contains more than 40 billion lbs (18.1 million tons). Copper is a key component in electric vehicles and electronic devices.

If the Resolution project were to be built, it would create a crater that was 2 miles wide (3 km) and 1,000 feet deep (304 m), which would slowly swallow up this worship site.

The Apache has been unable to stop the transfer since 2021. The rulings

Deferred to 2014

The U.S. Congress, and President Barack Obama at the time, made this statement.

President Donald Trump

Start the Land Transfer

In his first term, the move

undone

Now, the U.S. Supreme Court will decide whether or not to accept the case. The Supreme Court has stated at least thirteen times that it will continue deliberating on the appeal request. This is an unusually lengthy timeframe.

Meanwhile, Trump last month

Restart the land transfer

Logan was contacted by his administration to expedite the process. His administration is aiming to finish it as early as June 16.

Logan stated in his ruling on Friday that "there are good reasons to anticipate" the Supreme Court taking the case. He added that Rio's and BHP’s promises that they would maintain the public access to land as long as it is safe to do so "are inadequate," since they are not legally bound.

Logan dismissed the testimony of a Rio executive - given at a

Hearing earlier in the week

The company has "voluntarily" chosen to spend an extra $11 million per month on maintenance on top of the $2.7 billion it has spent so far on Resolution.

Rio issued a press release to say that it would be reviewing the ruling of the district court.

Rio's spokesperson said that "this short-term order... does not change anything about the merits" of the legal questions currently before the Supreme Court.

BHP, who owns 45% to Rio's 50% of the project, has not responded to a comment request immediately.

Wendsler Norsie, one Apache Stronghold leaders, expressed his gratitude that "the judge stopped this land take in its tracks, so that the Supreme Court can have time to protect Oak Flat against destruction."

(source: Reuters)