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9th Circuit Court of Appeals steps in, stopping Oak Flat land transfer hours before exchange

Faith advocates from around the country congregated underneath the shade of trees at the Oat Flat Campground.
Gabriel Pietrorazio/KJZZ
Faith advocates from around the country congregated underneath the shade of trees at the Oat Flat Campground.

On Friday, a federal judge in Phoenix seemingly cleared the way for a massive copper mining project — until the 9th Circuit suddenly stepped in. The latest court order came late Monday afternoon — less than 24-hours before Oak Flat inside the Tonto National Forest would’ve turned into private property.

That pending land exchange between the U.S. Forest Service and multinational mining company Resolution Copper has been put on hold once more with a temporary administrative injunction issued by the 9th Circuit Court of Appeals.

Oak Flat — an area sacred to generations of Apaches — may soon be home to one of the largest copper mines in the world. A seven-part series from KJZZ's Gabriel Pietrorazio, airing on 91.5 FM from March 17-21, explores the land's past, present and future.

The new order comes days after Federal Judge Dominic Lanza denied requests to delay the congressionally authorized land transfer. These pleas came from a coalition of conservation and environmental plaintiffs, including the San Carlos Apache Tribe.

The tribe called it “a last-minute victory,” while Resolution Copper told KJZZ it’s confident the court will ultimately affirm Lanza’s “well-reasoned orders” upon considering the “plaintiffs’ eleventh hour motions.”

The three-judge panel would not comment on the merits but noted these appeals will undergo an expedited briefing schedule starting next month.

More Tribal Natural Resources News

Gabriel Pietrorazio is a correspondent who reports on tribal natural resources for KJZZ.