Last month, the U.S. Forest Service swapped more than 2,400 acres of public lands with Resolution Copper that included an Apache holy site called Oak Flat. Now, the nonprofit Apache Stronghold is challenging that decision.
In response to the Wednesday filing, Resolution Copper told KJZZ courts at every level have consistently ruled in the multinational mining company’s favor, adding “it is time for the meritless litigation to end.”
Becket Fund senior counsel Luke Goodrich disagrees.
“This litigation is far from over. It’s really just getting started,” said Goodrich. “And the Apaches have very strong legal claims that this land transfer is illegal and that it should be undone.”
They’re essentially asking Arizona’s federal district court to undo this congressionally approved land exchange, claiming the U.S. has violated federal laws, like NEPA and NHPA, and even an 1852 treaty.
Goodrich insists there’s even legal precedent to back them up.
“The courts — if they find that transfer is unlawful — can unwind the transfer and require the parties restore the land to its pristine state,” added Goodrich. “And regardless of how the district court rules on this renewed lawsuit, there’s still the opportunity to appeal to the 9th Circuit and even to the Supreme Court again.”
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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.
