The U.S. Supreme Court recently declined to hear the nonprofit Apache Stronghold’s petition to preserve Oak Flat from becoming one of the biggest copper mines in the world.
But the fight isn’t over.
More than a dozen opponents to the project will appear at the Phoenix federal courthouse on Friday. Federal Judge Dominic Lanza will hear from plaintiffs representing a pair of separate lawsuits against the U.S. Forest Service.
“Our cases have not been formally consolidated, but they almost have been in practice because he’s having us argue on the same day at the same time,” said Marc Fink, a senior attorney with the Center for Biological Diversity. “It’ll be a lot of overlap, of course, but their claims are different.”
Fink is co-counseling one challenge while the San Carlos Apache Tribe presents its own. The Arizona Mining Reform Coalition, Earthworks and Inter Tribal Association of Arizona are among a coalition of conservation and recreation groups that are plaintiffs in the suit alongside the Center for Biological Diversity.
Both parties want the same outcome: Another injunction to stall an imminent land swap between the Forest Service and multinational mining company Resolution Copper — until their cases can be heard on the merits.
“We’re just hopeful that, since the Forest Service won’t do it themselves, the judge will force them to slow down until we can receive all of the new documents and have the time to brief these really important issues on this very high profile case,” Fink said, “without this land exchange just hovering over everybody.”
And if not, a swath of public land some consider an Apache holy site nestled in the Tonto National Forest, could soon turn into private property. Should copper mining begin one day, a U.S. government report revealed that Oak Flat would be “directly and permanently damaged.”
In a statement, Resolution Copper told KJZZ that “we look forward to presenting our case to the court,” adding the massive mine near the town of Superior is “vital to securing America’s energy future, infrastructure needs and national defense with a domestic supply of copper and other critical minerals.”
Last month, the U.S. District Court of Arizona granted Apache Stronghold’s motion for a temporary injunction. That ended a day after the high court wouldn’t review the group’s religious freedom case.
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