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.
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.
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Back in March, the U.S. Forest Service transferred ownership of more than 2,400 acres to Resolution Copper — following a 2-1 ruling by a panel of 9th Circuit judges that legally cleared the way for the land exchange to be finalized.
