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US Supreme Court rejects Native American challenge against Rio Tinto's Arizona Copper Project

The U.S. Supreme Court refused to hear on Tuesday a Native American's religious rights-based bid to stop Rio Tinto from gaining control over Arizona land required to build one the world's biggest copper mines. This project is located on land that has been used for Apache sacred ceremonies.

The Justices rejected an appeal from Apache Stronghold, a conservation group and advocacy group made up of Arizona's San Carlos Apache Tribe, against a ruling by a lower court that allowed the federal Government to swap land with mining companies in order to complete their Resolution Copper Project.

On May 8, a federal judge in Arizona temporarily stopped the Republican administration of President Donald Trump from transferring land pending the outcome the Supreme Court's appeal.

Rio Tinto, a British-Australian company, owns 55% of the project and BHP has 45%. Rio Tinto operates the project. Both companies have invested more than $2 billion in the project, but it has not yet produced any copper.

Plaintiffs filed a lawsuit in 2021 at the federal court in Arizona to stop the project. They claimed that it violated religious rights protections in both constitutional and statutes. The plaintiffs argued that, by destroying a religiously significant site, the project would violate both the U.S. Constitution’s First Amendment protections of the free practice of religion and a federal law passed in 1993 called the Religious Freedom Restoration Act.

Plaintiffs claimed that destroying the sacred site would also violate an 1852 treaty in which the U.S. Government promised to protect the land, and "secure permanent prosperity and happiness" for the Native American tribe.

The land swap was approved in part by a defense bill signed by Democratic President Barack Obama in 2014. It allowed the companies to trade acreage that they owned for a plot federally-owned land located about 70 miles (113km) east of Phoenix, known as Oak Flat.

The exchange was conditional on the federal regulators publishing an environmental impact report for the mine, which happened in January 2021 during the last days of Trump’s first term.

The site is located on top of a reserve of over 40 billion pounds (18,1 million metric tons) copper. Copper is a vital component in electric vehicles and virtually every electronic device.

According to the Becket Fund for Religious Liberty's lawyers and the Apache group's history, the land has been used by Western Apaches for centuries for sacred rituals.

The mine would create a crater that was 2 miles wide (3 km) and 1,000 feet deep (304 m), which would destroy the worship site.

Apache Stronghold appealed in an emergency after a federal court refused to stop the land transfer. In March 2021, just before the former Democratic president Joe Biden was due to respond to the appeal, the administration announced that it would withdraw the environmental impact report, which froze land transfer.

The 9th U.S. Circuit Court of Appeals, based in San Francisco, has declined to block the transfer twice. In two separate rulings, the Circuit Court of Appeals declined to block this transfer. The most recent was in March 2024 when a panel of eleven judges ruled against the plaintiffs 6-5. The panel was divided along ideological lines with six judges who were appointed by Republican Presidents making up the majority.

The majority of judges throughout the appeals procedure said that, while they were sensitive to religious concerns, they still felt they had to make a narrow ruling on the question whether the U.S. Government can do whatever it wants with their own land.

On April 17, after Trump's return to office, U.S. Forest Service announced that it would publish within 60 days the environmental report required for the Resolution Copper Project land swap to take place. On May 9, a federal judge blocked the U.S. Forest Service from publishing the report pending the Supreme Court's appeal. (Reporting from Boston by Nate Raymond and London by Ernest Scheyder; Editing by Will Dunham).

(source: Reuters)