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US Judge to Rule by May 14th on Rio Tinto Copper Project Opposed by Native Americans

A U.S. Federal Judge said that he would rule on May 14 whether or not to stop the Trump Administration from transferring Arizona Land to Rio Tinto and BHP for the construction of a major Copper Mine, which Native Americans are opposed to.

The complex and long-running legal case pits Arizona's San Carlos Apache against the rising demand for copper to support the energy transition, and the geopolitics surrounding China's control of the vital minerals industry.

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 pounds (18,1 million metric tonnes), a vital component in electric vehicles and electronic devices.

If built, Rio and BHP’s Resolution Copper Project would cause a crater that was 2 miles wide (3 km) and 1,000 feet deep (304 m), slowly engulfing the worship site.

U.S. District Court Judge Steven Logan who ruled for the land transfer 2021 held a hearing of nearly two hours on Wednesday. He was asked to block the land transfers temporarily until the U.S. Supreme Court has decided.

Logan, a former U.S. president Barack Obama appointee, made no indication of how he will rule within the promised week, but asked pointedly about the harm that the Apache might suffer if the transfer occurred before the Supreme Court decides.

He also requested data on Rio's monthly maintenance costs of existing Resolution assets. A Rio executive estimated that these costs were $11 million.

Since 2021, the courts have refused to grant Apache Stronghold's request that the land needed for the mine be transferred. The court's rulings were based on a decision taken by the U.S. Congress in 2014 and President Obama.

In his first term as president, Donald Trump began the land transfer. However, Joe Biden undid the move while the matter was pending in the courts.

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.

Trump restarted last month the land transfer, and his administration hopes to finish it by June 16.

Logan was urged to stick with the 2021 decision by the U.S. Justice Department. The Justice Department has been against Apaches' requests under both Biden & Trump.

Erika Danielle-Norman, an attorney with the Justice Department, said that there was no basis to give a different outcome.

The hearing was a positive experience for Apache Stronghold, their attorneys from the Becket Fund for Religious Liberty and the Apache Stronghold.

Joseph Davis, Becket's Joseph Davis said that the Apaches only asked for the Supreme Court to delay the land transfer while it deliberates.

Rio Tinto expressed its appreciation for the time of the court and said that Resolution was "vital" to America's future energy, infrastructure, and national security.

BHP, who owns 45% to Rio's 50%, has not responded to an immediate request for comment. (Reporting and editing by Howard Goller; Ernest Scheyder)

(source: Reuters)