Resolution Copper opponents are asking 9th Circuit to reconsider Oak Flat land swap

A group opposed to a massive Arizona copper mining project filed a petition Friday before the 9th Circuit Court of Appeals. They’re hoping the federal court will reconsider the recent Oak Flat land swap.

A split, three-judge panel from the very same appeals court allowed the controversial transfer to proceed after tossing out a slew of lawsuits — while also lifting an injunction back in March. Then, the land exchange was swiftly executed between the U.S. Forest Service and Resolution Copper.

The Show

Resolution Copper now owns Oak Flat. But Apache Stronghold leader says fight will continue

Lauren Gilger, Gabriel Pietrorazio

Last month, the 9th U.S. Circuit Court of Appeals turned down one of the last surviving legal efforts to challenge the transfer of land from the Tonto National Forest to Resolution Copper. Now, drilling is ramping up.

Listen • 16:09

But plaintiffs — including the Arizona Mining Reform Coalition, Center for Biological Diversity, Earthworks, Access Fund, Sierra Club and Inter Tribal Association of Arizona — now argue they still have a case to be made.

Federal Judge Johnnie Rawlinson agrees.

In her April dissenting opinion, she penned that before the court stamps its seal on a decision that will “completely annihilate sacred Native lands, we must be certain that every i was dotted and every t was crossed.”

“And that simply is not the case,” added Rawlinson, “for the appraisal report prepared by the United States Forest Service in this case.”

Last month, the nonprofit Apache Stronghold also submitted its own plea to the lower Arizona federal district court to review the Oak Flat ruling. It’s another legal maneuver, attempting to turn the multinational mining company’s private property into public lands once again.