In a dramatic turn of events, the future of one of North America’s largest proposed copper mines has been thrown into uncertainty after a federal appeals court temporarily blocked a land transfer in Arizona, just hours before it was set to proceed. The decision, handed down on August 18, 2025, by the 9th U.S. Circuit Court of Appeals, has reignited a two-decade-long battle over Oak Flat—a patch of federally owned land revered by Native American tribes and coveted by international mining giants Rio Tinto and BHP.
The 2,400-acre parcel, located about 60 miles east of Phoenix near the town of Superior, is at the heart of a fierce dispute between economic ambitions and cultural preservation. Known to the Apache people as Chi’chil Biłdagoteel, Oak Flat has served for generations as a site for religious ceremonies, prayer, and the gathering of medicinal plants. It is also one of Arizona’s few remaining wetlands, providing habitat for the Emory oak and a host of other species.
The contested land transfer was scheduled for August 19, 2025, paving the way for Resolution Copper—a joint venture 55% owned by Rio Tinto and 45% by BHP—to begin construction of a vast underground mine. The company estimates the project could generate $1 billion annually for Arizona’s economy and create thousands of jobs, a prospect that has drawn enthusiastic support from some local communities and business leaders. According to Reuters, the mine is touted as "one of the most significant untapped copper deposits today," potentially playing a crucial role in meeting surging demand for copper, which is essential for renewable energy, electric vehicles, defense applications, and artificial intelligence infrastructure.
But the project’s opponents, led by the San Carlos Apache Tribe, environmental groups, and the Inter Tribal Association of Arizona, have consistently argued that the mine would desecrate sacred land and threaten vital water resources. Their last-minute appeal to the 9th Circuit succeeded in halting the transfer, at least temporarily, while the court considers the merits of their case later this year.
"This injunction comes in a desperate time of asking for miracles, all over the country and all over the world," said Wendsler Nosie Sr. of Apache Stronghold, as reported by the Associated Press. For many tribal members, the fight for Oak Flat is not just about environmental protection but spiritual survival. "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," added San Carlos Apache Tribal Chairman Terry Rambler in a statement shared on social media.
The legal battle centers on whether the federal government conducted a comprehensive enough environmental review of the planned mine and its related infrastructure. Plaintiffs argue that the review failed to account for critical risks, including the potential for dam breaches, pipeline failures, and the adequacy of emergency plans for tailings storage. They also contend that the government’s appraisal of the land did not consider the immense value of copper deposits buried at least 5,000 feet below the surface.
Resolution Copper, for its part, insists that it has followed all required procedures and engaged in extensive consultations with tribes and other stakeholders. "The collaborative process has directly led to major changes to the mining plan to preserve and reduce potential impacts on tribal, social, environmental and cultural interests," the company stated, as reported by AP. A Resolution spokesperson described the court’s decision as "a temporary pause" and expressed confidence that the land swap "satisfies all applicable legal requirements."
The U.S. Forest Service, which managed the land, has argued that Congress left it with no discretion in the matter. The land exchange was mandated in a 2014 national defense spending bill, a legislative maneuver championed by the late Senator John McCain and signed into law by then-President Barack Obama. The deal called for Oak Flat to be transferred to Resolution Copper in exchange for other environmentally sensitive parcels elsewhere in Arizona—a compromise that has failed to satisfy tribal and environmental concerns.
On August 4, 2025, the Arizona State Land Department warned that the mine could further deplete already stressed groundwater supplies, jeopardizing future development in the region. The agency cautioned that the project "would decrease the likelihood that groundwater could be used for new development in the future" and would put "more stress on an already stressed groundwater sub-basin," as reported by The Guardian. Declining water supplies, they noted, could make state land less valuable and harder to develop.
The stakes extend beyond Arizona. The United States currently produces only about 5% of the world’s copper, according to Dutch bank ING, and has seen a 20% decline in output over the past decade. With demand for copper expected to skyrocket due to the global energy transition and the proliferation of electric vehicles, the pressure to develop new domestic sources is intense. President Donald Trump, who met with the CEOs of Rio Tinto and BHP at the White House on August 19, 2025, was quick to criticize the court’s decision, calling the delay "anti-American" and blaming "radical left activists" for jeopardizing jobs and national interests. "It is so sad that Radical Left Activists can do this, and affect the lives of so many people. Those that fought it are Anti-American, and representing other Copper competitive Countries," Trump wrote on Truth Social, as reported by CNBC.
Industry leaders echoed Trump’s concerns. BHP CEO Mike Henry thanked Trump and Interior Secretary Doug Burgum for "their strong leadership to reinvigorate mining and processing supply chains in and for America." Resolution Copper maintains that, despite the setback, the project remains vital for the country’s future.
Yet for tribal leaders and environmentalists, the stakes are existential. "This proposed mine is a rip-off, will destroy a sacred area, decimates our environment, threatens our water rights, and is bad for America," said San Carlos Apache Chairman Terry Rambler. In response to Trump’s comments, Rambler countered that the president’s claims "mirror misinformation that has been repeated by foreign mining interests that want to extract American copper." He expressed willingness to meet with the administration to "protect American interests." Supporters of Apache Stronghold have likened the prospect of mining Oak Flat to bulldozing a church or mosque, underscoring the deep spiritual significance the land holds for tribal communities.
As the 9th Circuit prepares to hear arguments on the merits of the case later this year, the future of Oak Flat—and the balance between industrial ambition and indigenous rights—hangs in the balance. For now, the sacred land remains undisturbed, its fate once again left to the unpredictable course of American courts and politics.
