Supreme Court Declines to Block Copper Mine on Sacred Native American Land

Strategic Insights -

The United States Supreme Court has rejected an appeal from the Apache Stronghold to block the construction of a large copper mine on land that many Apache people consider sacred. The decision allows a lower court's ruling to stand, keeping in place a land transfer that has been the subject of a years-long legal battle. The mine, proposed by Resolution Copper, a subsidiary of Rio Tinto and BHP, would sit atop a vast copper deposit and would require the destruction of ancient groves of oak trees that are central to the Apache tribe's spiritual practices.

Key Takeaways:

  • The Supreme Court declined to weigh in on the Apache Stronghold's appeal, upholding a lower court's ruling that allows the construction of the copper mine to proceed.
  • The mine, proposed by Resolution Copper, would destroy ancient groves of oak trees that are central to the Apache tribe's spiritual practices and sit atop a copper deposit estimated to produce nearly 40 billion pounds of copper.
  • The Apache tribe has argued that the project would violate their religious rights, as outlined in an 1852 treaty between the US government and the Apaches.
  • The US Forest Service estimates that the mining project could produce nearly 40 billion pounds of copper, or more than 18 billion kilogrammes.
  • The land transfer was approved as part of a 2014 defence spending bill, despite opposition from the Apache tribe and environmental groups.
  • A required environmental impact statement was issued during the final days of President Trump's first term in office in January 2021.
  • Supreme Court Justice Samuel Alito did not participate in the decision, due to his financial ties to the companies involved.
  • Two justices, Neil Gorsuch and Clarence Thomas, issued a dissent calling the Supreme Court's decision not to weigh in "a grave mistake".

Statistics:

  • 40 billion pounds: estimated copper production from the mining project.
  • 18 billion kilogrammes: estimated copper production from the mining project in metric units.
  • 9.71sq km (3.75sq miles): area of the Oak Flat forest to be transferred to Resolution Copper as part of the land swap.
  • 3km (2 miles): potential width of the crater that would result from the mining project.
  • 304 metres (1,000ft): potential depth of the crater that would result from the mining project.
  • 2014: year in which the US Congress approved a land swap that gave Resolution Copper 9.71sq km of the Oak Flat forest in exchange for other parcels of land in Arizona.
  • 1852: year in which an treaty was signed between the US government and the Apaches, promising to protect the land to "secure the permanent prosperity and happiness" of the tribe.

Sources:

  • "US needs more critical minerals: Can it be done responsibly?" by Al Jazeera, July 17, 2023.
  • "US to approve Arizona mine land deal decried by indigenous" by Al Jazeera, December 8, 2020.
  • "Indigenous, environmental groups fight against US mine" by Al Jazeera, January 30, 2021.
  • "Supreme Court rejects challenge to copper mine on Native American land" by AP News.
  • "https://www.aljazeera.com/news/2023/7/17/us-needs-more-critical-minerals-can-it-be-done-responsibly"