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11 judges from 9th Circuit ask U.S. Supreme Court to correct ‘tragic error’ over Apache holy site

A Resolution Copper billboard along U.S. 60 in Superior.
Gabriel Pietrorazio/KJZZ
A Resolution Copper billboard along U.S. 60 in Superior.
Coverage of tribal natural resources is supported in part by Catena Foundation

After a lengthy legal challenge, a massive copper mining project is poised to begin atop a sacred Apache site within the Tonto National Forest. This week, the 9th Circuit Court of Appeals denied the latest pleas to save the area known as Oak Flat — but not without pointed remarks from dissenting judges.

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 between the federal government and the multinational mining company.

Congress had already approved the controversial deal a decade ago.

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.

So when the 9th Circuit declined to revisit the court’s decision once more, Resolution Copper touted it as “yet another ruling” in the company’s favor, according to a statement sent to KJZZ following the recent denial.

But 11 judges from the 9th Circuit — the nation’s largest appellate court — are now urging the U.S. Supreme Court to intervene. Including Chief Judge Mary Murguia, who wrote in one opinion that the 9th Circuit missed a second chance to fix what she called “a tragic error.”

The Center for Biological Diversity, Arizona Mining Reform Coalition, Inter Tribal Association of Arizona, Earthworks, Access Fund and Grand Canyon Chapter of the Sierra Club were among the plaintiffs.

More Tribal Natural Resources News

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