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U.S. News
21 August 2025

Appeals Court Halts Arizona Copper Mine Land Transfer

A federal court blocks the Oak Flat land exchange, sparking fierce debate among tribes, mining giants, and the White House over jobs, sacred sites, and America’s copper future.

On August 19, 2025, a long-simmering dispute over sacred land, economic development, and environmental concerns in Arizona erupted into national headlines, as the San Francisco-based 9th U.S. Circuit Court of Appeals issued a temporary injunction halting the transfer of federal forest land for the Resolution Copper mining project. The decision, which came late Monday, blocked the scheduled handover of Oak Flat — a site revered by the San Carlos Apache and other Native American tribes — to mining giants Rio Tinto and BHP. The ruling marks a dramatic new chapter in a battle that has spanned decades, pitting tribal and environmental activists against powerful global corporations and the highest levels of the U.S. government.

President Donald Trump wasted no time in responding. In a post on his Truth Social platform, Trump lambasted the appeals court as a “radical left court,” accusing those who oppose the mine of being “Anti-American, and representing other copper competitive countries.” According to Reuters, Trump further declared, “It is so sad that Radical Left Activists can do this, and affect the lives of so many people. We can't continue to allow this to happen to the U.S.A.!” The president’s comments came just hours after he and Interior Secretary Doug Burgum met with the CEOs of Rio Tinto and BHP at the White House, underscoring the project’s significance to both the administration and the broader U.S. economy.

The Resolution Copper project, located about 60 miles east of Phoenix, has been touted by its backers as a potential game-changer for Arizona’s economy. According to company estimates cited by the Associated Press, the mine could generate $1 billion annually for the state and create thousands of jobs. Resolution Copper, a subsidiary jointly owned by Rio Tinto and BHP, claims the mine would supply more than a quarter of the nation’s copper demand — a critical resource for everything from construction to electronics. Rio Tinto has stated that it intends to keep all copper produced from the project within the United States, though tribal leaders remain skeptical, pointing to the company’s global ties and Chinese shareholders.

Yet, for the San Carlos Apache and allied groups, the stakes are far deeper than economics. Oak Flat, known in Apache as Chi’chil Bildagoteel, is a landscape dotted with oak groves and traditional plants, long used for religious ceremonies, prayer, and gathering medicinal herbs. “We will continue praying that the court understands the grave injustice of trading our sacred grounds to foreign mining companies that seek to destroy Chí’chil Biłdagoteel to extract copper that will be exported overseas,” said Tribal Chairman Terry Rambler in a statement reported by the Associated Press. Wendsler Nosie Sr. of Apache Stronghold, a nonprofit leading the legal fight, described the injunction as arriving “in a desperate time of asking for miracles, all over the country and all over the world.”

The legal wrangling is as complex as the issues at stake. The land transfer was originally mandated by Congress in 2014, when language authorizing the exchange was added to a must-pass national defense spending bill signed by then-President Barack Obama. The legislation required an environmental review, which the U.S. Forest Service completed earlier this summer. But tribal and environmental plaintiffs argue that the review was incomplete, failing to account for risks such as dam breaches, pipeline failures, and the adequacy of emergency plans for tailings storage. They also contend that the federal appraisal of the land does not reflect the true value of the copper deposits buried 5,000 feet below the surface.

The 9th Circuit’s temporary injunction came in response to last-minute appeals from the San Carlos Apache and environmental groups, who demanded a comprehensive review covering “every aspect of the planned mine and all related infrastructure.” According to the Associated Press, the court made clear that it “takes no position on the merits” of the Apache’s arguments, but intends to expedite its review, with filings due by October 14, 2025. No hearing date has yet been set.

The stakes are high for all involved. For President Trump and his supporters, the mine represents a crucial step toward boosting domestic mineral supplies and reinvigorating U.S. industry. Less than a month before the court’s decision, Trump imposed a tariff on copper wiring and pipe, though notably not on copper concentrate produced by mines — a move that fell short of mining industry expectations but signaled the administration’s focus on copper as a strategic resource. “Our Country, quite simply, needs Copper — AND NOW!” Trump declared in his social media post, as reported by Creamer Media’s Engineering News & Mining Weekly.

For the mining companies, the project is the culmination of more than a decade of planning and negotiation. Rio Tinto CEO Jakob Stausholm and his successor Simon Trott attended the White House meeting with Trump, while BHP CEO Mike Henry thanked the administration on social media “for their strong leadership to reinvigorate mining and processing supply chains in and for America.” Resolution Copper has emphasized that the project underwent extensive review and consultation with tribes, resulting in “major changes to the mining plan to preserve and reduce potential impacts on tribal, social, environmental, and cultural interests.”

Yet, for the San Carlos Apache and their allies, the project remains an existential threat to their heritage and way of life. Tribal leaders have repeatedly voiced concerns that, despite company assurances, the copper could be exported overseas, particularly to China — a charge Rio Tinto denies. “I look forward to sitting down with the administration and providing factual information that will help protect American assets,” said Chairman Rambler, highlighting the tribe’s determination to keep the fight in the public eye.

The court’s decision marks only the second time in more than five years that the Apache or their allies have prevailed in court against Resolution Copper, according to Creamer Media’s reporting. Previous efforts, including a petition to the U.S. Supreme Court by Apache Stronghold, were denied. Meanwhile, legislative attempts to withdraw Oak Flat from mining activity have repeatedly failed in Congress. The Forest Service, for its part, has argued in court that it has no discretion in the matter, as the land exchange was mandated by federal law.

As the legal process moves forward, the case has become a flashpoint for broader debates over indigenous rights, environmental stewardship, and the future of American industry. Supporters of the mine argue that domestic copper production is essential for national security and economic growth — especially as demand surges for renewable energy technologies and electric vehicles. Opponents counter that no economic benefit can justify the destruction of sacred land and the potential environmental risks to water, wildlife, and future generations.

The 9th Circuit Court of Appeals, which has 29 members — ten of whom were appointed by President Trump — will ultimately decide whether the land transfer can proceed. Until then, Oak Flat remains at the center of a struggle that is as much about identity and values as it is about minerals and money. The coming months promise further legal battles, political maneuvering, and, for the San Carlos Apache, continued prayer that their sacred grounds will be spared.

For now, the fate of Oak Flat — and the future of one of the largest copper deposits in North America — hangs in the balance, awaiting the next move from the courts, Congress, and the communities whose lives are so deeply entwined with the land.