A U.S. federal judge announced that a ruling will be issued by May 14 on whether to temporarily halt the Trump-era land transfer of sacred Native American land in Arizona to mining giants Rio Tinto and BHP. The land, known as Oak Flat, is proposed to be developed into one of the largest copper mines in North America. However, the project has sparked fierce opposition from Native American groups, environmental activists, and human rights organizations.
Background: The Land and the Project
The dispute centers around a stretch of federally owned land in southeastern Arizona, long held sacred by the San Carlos Apache Tribe. Known as Oak Flat (Chi’chil Biłdagoteel), the area has been a site for religious ceremonies, burial grounds, and cultural traditions for generations.
The proposed mine, called Resolution Copper, is a joint venture between Anglo-Australian mining giants Rio Tinto and BHP, with plans to extract vast deposits of copper lying deep beneath the surface. The project was greenlit under a provision slipped into the 2015 National Defense Authorization Act, which mandated the land swap despite its cultural and environmental implications.
Legal Challenge: Native American Rights at Stake
The land transfer has been challenged by the Apache Stronghold, a nonprofit organization representing tribal interests, who argue that the handover violates their First Amendment right to religious freedom and infringes on treaty obligations. Their lawsuit demands that the federal government halt the transfer and protect the land under existing religious and cultural heritage laws.
Their case has gained support from multiple human rights advocates, religious organizations, and legal scholars who argue that destroying a site of sacred worship is tantamount to erasing Indigenous identity.
What’s at Stake?
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Environmental Impact: Opponents warn the mining project could lead to irreversible environmental damage, including groundwater depletion, land subsidence, and pollution in a fragile desert ecosystem.
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Cultural Loss: For the Apache, Oak Flat is not just land—it’s a living part of their history, traditions, and religious practice.
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Economic Interests: Supporters argue the mine could produce billions of dollars’ worth of copper, a critical resource for electronics and renewable energy technologies, and create thousands of jobs in the region.
Upcoming Ruling and Broader Implications
U.S. District Judge Steven P. Logan has not indicated how he will rule, but stated he will issue a decision by May 14. If the judge grants the injunction, it could delay or derail the project, forcing federal authorities to revisit the legal and ethical framework of the transfer. If denied, it could signal a broader weakening of tribal claims against federal land use decisions.
The ruling could also set a precedent for how religious freedom claims by Indigenous communities are treated in relation to federal development projects and corporate interests.