A federal judge in Phoenix has denied a pair of motions seeking preliminary injunction to stop the Oak Flat land swap between the U.S. Forest Service and multinational mining company Resolution Copper.
Federal Judge Dominic Lanza said he considered their pleas “premature” amid a nearly two-hour hearing at the Sandra Day O’Connor Courthouse on Friday.
In fact, Lanza had admittedly made up his mind before plaintiffs – including the San Carlos Apache Tribe and a coalition of conservation and recreation groups – showed up to present their motions. The judge issued a tentative ruling Thursday, saying it would be amended no later than Monday.
Still, plaintiffs argued their separate cases in front of an overflowing courtroom of observers that included San Carlos Apache Chairman Terry Rambler and the nonprofit Apache Stronghold founder Wendsler Nosie Sr.
Lanza expressed concern their request would subvert an act of Congress – citing the Southeast Arizona Land Exchange and Conservation Act – a federal law stipulating that the land swap must occur within 60 days once the U.S. publishes its final environmental impact statement.
However, he also ruled the Forest Service could not proceed with the land exchange until the 60-day mark, writing that precluding the federal agency from executing the controversial land swap “does not elongate” the timeframe.
The Department of Justice, in representing the Forest Service as defendants, reiterated the agency’s commitment to publishing the copper mining project’s new environmental impact report on June 16 to being that process.
