In a decision that has sent shockwaves through Native communities and conservation circles alike, the federal government is now poised to transfer a vast swath of sacred Apache land—known as Oak Flat, or Chi’chil Bildagoteel in Apache—to a private mining consortium. The move, which critics say will permanently destroy a site central to Apache religious practice and devastate the environment, comes after U.S. District Judge Dominic Lanza denied a final attempt to block the handover in a detailed 94-page ruling on August 18, 2025. With the 60-day window for the transfer closing on August 19, the fate of Oak Flat now hangs in the balance, and the San Carlos Apache Tribe, along with environmental advocates, are left scrambling for a last-minute reprieve.
According to Native News Online, Judge Lanza’s ruling rejected motions from the San Carlos Apache Tribe, environmental groups, and other plaintiffs who argued that the U.S. Forest Service’s decision to transfer the land to Resolution Copper was both illegal and catastrophic. The judge acknowledged that the planned copper mine would destroy one of the Apache people’s most sacred sites, pose serious environmental risks, and consume vast amounts of water at a time when Arizona is in the grip of a historic drought. Yet, Lanza concluded that the plaintiffs had not established a sufficient likelihood of success on their claims to justify halting the project.
“Here, Congress chose to pursue the land exchange despite the existence of many significant tradeoffs and the president chose to ratify Congress’ choice by signing the law into effect,” Lanza wrote in his decision, as reported by Courthouse News Service. “As a result, the court must accept that this choice advances the public interest and operate from that premise.”
The roots of the controversy stretch back to a last-minute amendment slipped into the 2014 National Defense Authorization Act. That amendment, signed by then-President Barack Obama, required the U.S. Forest Service to transfer Oak Flat to Resolution Copper—a joint venture between London-based Rio Tinto (55%) and Australian mining giant BHP (45%)—within 60 days of the agency issuing its final environmental impact statement (FEIS). That 60-day window, which began ticking down in June when the Forest Service reissued its FEIS, is set to expire on August 19, 2025.
The Oak Flat area spans 2,422 acres of Tonto National Forest, about 70 miles east of Phoenix. For the Apache, it is not just land: it is a living, sacred site, home to ancient oak groves and traditional plants essential to religious ceremonies. The site is recognized in the National Register of Historic Places as a Traditional Cultural Property, underscoring its profound significance.
Despite these facts, the legal battle has been an uphill struggle for the Apache and their allies. According to Native News Online, the San Carlos Apache Tribe, Apache Stronghold, and other plaintiffs have spent years in court fighting to protect Chi’chil Bildagoteel. Their efforts have included multiple rounds before the Ninth Circuit Court of Appeals and even a petition to the U.S. Supreme Court. However, in May 2025, the Supreme Court declined to hear Apache Stronghold’s appeal—a decision Lanza cited as influential in shaping his own ruling.
Conservationists and tribal advocates have raised a litany of objections to the land transfer. On August 6, 2025, the Arizona Mining Reform Coalition argued in federal court that the Forest Service failed to properly consult with affected tribes, ignored expert testimony about environmental risks, underestimated the mine’s water usage, and undervalued the copper beneath the ground. The plaintiffs also pointed out that the mine would generate massive amounts of toxic waste—posing a grave threat to an already drought-stricken region. Yet, Lanza found these arguments insufficient to override Congress’s explicit directive.
“Nevertheless, statute contemplates that the land exchange will occur within 60 days of, and regardless of the analysis set forth in, the FEIS,” Lanza wrote. “This has the feel of a ‘ready, fire, aim’ approach because it suggests, as Resolution Copper’s counsel acknowledged during oral argument, that the land exchange must go forward even if the Forest Service determines it will result in catastrophic environmental consequences.”
The judge’s decision also weighed the standard four factors for granting a preliminary injunction: likelihood of success on the merits, likelihood of immediate irreparable harm, balance of equities, and public interest. While Lanza conceded that the plaintiffs had demonstrated the likelihood of irreparable harm—acknowledging that, “once the land exchange is completed, Resolution Copper will begin changing Oak Flat in irreversible ways”—he ultimately sided with the defendants on the other factors. In his view, because Congress had already considered all possibilities and enacted the law, “there is a public interest in allowing the land exchange to proceed on the expedited timetable Congress contemplated.”
Resolution Copper, for its part, has promised to maintain access to most of the Oak Flat campground for the first 10 to 16 years of the project. But as Lanza pointed out, nothing would prevent the company from changing its mind once it holds title to the land. This uncertainty only deepens the sense of urgency for tribal members, who fear that once the transfer is complete, the damage will be irreparable and their sacred site lost forever.
Adding a layer of international intrigue is the ownership structure behind Resolution Copper. As Native News Online reports, Rio Tinto’s largest investor is the Chinese state-owned Aluminum Corporation of China, which holds a 14.6% stake. This detail has not gone unnoticed by critics, who argue that the transfer of such a culturally and environmentally significant site to a consortium with foreign government ties raises questions about the stewardship of America’s public lands and Native heritage.
The plaintiffs wasted no time in responding to Lanza’s decision. According to Courthouse News Service, they immediately appealed to the Ninth Circuit, hoping for an emergency stay that could pause the transfer while the higher court considers the case. Whether the Ninth Circuit will intervene before the August 19 deadline remains uncertain. If the transfer goes through as scheduled, Oak Flat will fall into private hands, and the window for legal remedies may close for good.
For now, the Apache and their supporters are left with little but hope and determination. As the clock ticks down, the broader debate over Oak Flat is about more than just a copper mine. It is a test of how America balances economic interests, environmental protection, and the rights of Indigenous peoples—a test with consequences that will echo far beyond the canyons of eastern Arizona.
