US appeals court puts the brakes on contested land transfer for Arizona copper mine
The transfer was scheduled for Tuesday. But a panel of judges with the 9th U.S. District Court of Appeals issued a temporary injunction late Monday in response to last-minute appeals by a Native American tribe and environmentalists.
The land includes Oak Flat — an area used for centuries for religious ceremonies, prayer and gathering of medicinal plants by the San Carlos Apache people and other Native American tribes.
The fight over Oak Flat has spanned two decades, with the latest legal wrangling centered on a required environmental review that was released by the U.S. Forest Service earlier this summer and an appraisal of the land to be mined by Resolution Copper about 60 miles (96 kilometers) east of Phoenix.
Before the land exchange can happen, the plaintiffs argued that the federal government must prepare a comprehensive review that covers 'every aspect of the planned mine and all related infrastructure.' They said the government failed to consider the potential for a dam breach, pipeline failure and if there was an emergency plan for a tailings storage area.
As for the appraisal, they said it doesn't account for the value of the copper deposits that are at least 5,000 feet (1,500 meters) below the surface.
The appeals court plans to hear arguments on the merits of the case later this year.
Opponents of the mine consider the court action a victory, saying prayers are paying off.
'This injunction comes in a desperate time of asking for miracles, all over the country and all over the world,' Wendsler Nosie Sr. of the group Apache Stronghold said in a statement shared on social media.
Nosie, a former tribal chairman, described the land and water at Oak Flat as precious.
Apache Stronghold, the San Carlos Apache Tribe and other plaintiffs having been fighting for years to save what tribal members call Chi'chil Bildagoteel. The area is dotted with oak groves and traditional plants the Apaches consider essential to their religion.
'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,' Tribal Chairman Terry Rambler said in statement.
Resolution Copper — a subsidiary of international mining giants Rio Tinto and BHP — estimates the mine will generate $1 billion a year for Arizona's economy and create thousands of jobs. The project has support in the nearby community of Superior.
Resolution Copper has said the project underwent an extensive review by the U.S. Forest Service that has included consultation with tribes that have ancestral ties to the land.
'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.
The Forest Service has argued in court filings that it has no discretion because the land exchange was mandated by Congress when language was included in a must-pass national defense spending bill that was signed into law in 2014 by then-President Barack Obama.
There have been unsuccessful legislative attempts in the years since to withdraw the Oak Flat area from mining activity.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
CNN
a day ago
- CNN
A big question about Alligator Alcatraz keeps coming up: Who's in charge?
Who's in charge of Alligator Alcatraz? Since the controversial detention facility opened in the Florida Everglades earlier this summer, immigrants held there, advocacy groups and two federal judges have asked this question repeatedly. The answer could play a key role in a legal battle over the facility's fate. And it has bigger implications, too. State and federal authorities have described Alligator Alcatraz as a partnership aimed at strengthening the Trump administration's efforts to crack down on illegal immigration. Florida says it's operating the temporary detention camp under agreements between state and local agencies and ICE. But when it comes to day-to-day operations at the facility, and to decisions about who's detained there, federal officials have said the state is in charge. Critics say confusion over who's ultimately responsible for the facility isn't simply a bureaucratic matter. They argue it raises concerns about accountability and oversight as detainees' lives hang in the balance. Here's a look at three key reasons the question of who's in charge is so significant. In a federal lawsuit, environmental groups are asking a judge to block operations and construction at the site until environmental laws are followed. That case hinges on the question of whether Alligator Alcatraz is a federal project. The groups and a Native American tribe argue the National Environmental Policy Act should apply to the facility. That law requires a detailed environmental impact analysis for any proposed 'major federal action.' Plaintiffs argue none of that happened before Alligator Alcatraz was built. 'They just circumvented that completely by saying this is state-run,' says Thomas Kennedy, a consultant for the Florida Immigrant Coalition, which opposes the detention facility. Attorneys representing Florida and the federal government argue the detention center, which was built in a matter of days this summer, never had to follow those regulations because construction and operation of the facility are under state control. 'ICE did not and has not ordered, supervised, or directed construction of the facility. ICE did not and has not weighed in on the number of detainees held in the facility. The State of Florida has complete discretion in deciding who is detained at this facility,' ICE Assistant Field Office Director Santiago Fuentes says in a signed declaration included in the court records. According to the Associated Press, an attorney representing the environmental group has argued that the facility's purpose is immigration enforcement, a federal function. Questions about who's doing what at the facility have also come up in connection with another federal lawsuit, which focuses on detainees' access to counsel. There is 'confusion of who exactly is running the show at Alligator Alcatraz,' US District Judge Rodolfo A. Ruiz II said in a July hearing. 'Who is doing what in this facility?' In response to his questions, officials filed paperwork showing agreements between multiple Florida agencies and ICE. Ruiz dismissed part of that lawsuit late Monday and also moved the case to a different jurisdiction, making it likely legal battles over the facility will continue. In the environmental case, US District Judge Kathleen Williams is expected to issue an order this week. And she's already temporarily blocked additional construction at the site. If she sides with the plaintiffs and issues a preliminary injunction this week, Alligator Alcatraz's days could be numbered. Among the options Williams is considering: a full operational shutdown of the facility. When complaints come up about conditions at an immigrant detention facility, or when issues arise in individual detainees' cases, it's important for lawmakers, members of the public and detainees' family members and legal representatives to know who to contact. Typically, Immigration and Customs Enforcement's website will list basic information about its detention facilities, including a detainee locator and details about family and attorney visitations, according to Claire Trickler-McNulty, a former ICE and DHS official who helped craft detention policies in previous administrations. She notes that Alligator Alcatraz isn't listed there. 'Because it's not really, officially an ICE facility, a lot of the infrastructure that's been built is not applicable. So it's sort of like floating in the dark,' she says. 'It's very concerning. … It's confusing and also frustrating, because it's so murky.' Family members of detainees told CNN they've struggled to find out if their loved ones are even being held at Alligator Alcatraz. And critics have raised numerous concerns about the facility since it opened, with reports of hundreds of migrants confined in cages amid sweltering heat, bug infestations and meager meals. The state of Florida has pushed back, saying conditions at the camp are in 'good working order' and that claims to the contrary are false. The Department of Homeland Security has decried what it calls 'hoaxes' about the facility. 'The media is desperate for allegations of inhumane conditions at this facility to be true, so they can slow down President Trump's partnerships with States to turbocharge efforts to remove the worst of the worst,' DHS Assistant Secretary Tricia McLaughlin said in a recent statement. But immigrant rights groups argue the confusion over who's in charge at the facility has very real consequences. 'It raises a lot of red flags, because we want to make sure that everybody's held accountable,' says Nery Lopez, a senior organizer at the Detention Watch Network. 'We don't know who to hold accountable. There's no number (to call) … to have someone go in there and verify' when allegations are made about conditions inside. Kennedy describes the facility as a 'black site.' 'The detainees and their family members feel like they're just in complete legal limbo while they're inside,' he says. McLaughlin disputed that characterization. 'More Alligator Alcatraz hoaxes. It is not a 'black site,'' she told CNN in a written statement. 'The facility is managed by the State of Florida through the Division of Emergency Management. Detainees have access to phones they can use to contact their family and lawyers. Additionally, Alligator Alcatraz meets federal detention standards.' Debates and legal battles over Alligator Alcatraz could have implications far beyond the Florida immigrant detention facility. 'It's seen as a testing ground,' Trickler-McNulty says. That's because officials have repeatedly pointed to the facility as a model they hope other states will follow. 'Florida was unique in what they presented to us, and I would ask every other governor to do the exact same thing,' DHS Secretary Kristi Noem said after visiting the facility in July. 'This is a model, but we need other states to step up,' Florida Gov. Ron DeSantis added. Less than two weeks later, Noem told reporters she was in talks with multiple states who want to build similar facilities. 'I'm having ongoing conversations with five other governors,' Noem said. Just over a month after Alligator Alcatraz began operating, Noem announced a similar facility would open in Indiana. Officials said the facility, dubbed the 'Speedway Slammer' for the famed Indianapolis Motor Speedway to the south, would provide 1,000 immigrant detention beds. And on Tuesday, the Department of Homeland Security announced plans for a 280-bed expansion of ICE detention space at the Work Ethic Camp in McCook, Nebraska, describing the move as its third state partnership. Last week, DeSantis also announced Florida would open another facility at a former prison in the northern part of the state, 'building on the success the state has had with Alligator Alcatraz.' The rapid expansion of detention facilities makes confusion over who's in charge at Alligator Alcatraz all the more concerning, Lopez says. 'Then it flags the alarm of, is this what's going to happen in other areas, too? There's going to be more questions in the air, and it's just truly very dangerous,' she says. Even if legal challenges to Alligator Alcatraz are successful and a judge blocks the facility from operating, Kennedy says, it's clear authorities intend to use this approach elsewhere. 'It's a scary model,' he says. CNN's Devon M. Sayers, Allison Gordon and Isabel Rosales contributed to this report.
CNN
a day ago
- CNN
A big question about Alligator Alcatraz keeps coming up: Who's in charge?
Who's in charge of Alligator Alcatraz? Since the controversial detention facility opened in the Florida Everglades earlier this summer, immigrants held there, advocacy groups and two federal judges have asked this question repeatedly. The answer could play a key role in a legal battle over the facility's fate. And it has bigger implications, too. State and federal authorities have described Alligator Alcatraz as a partnership aimed at strengthening the Trump administration's efforts to crack down on illegal immigration. Florida says it's operating the temporary detention camp under agreements between state and local agencies and ICE. But when it comes to day-to-day operations at the facility, and to decisions about who's detained there, federal officials have said the state is in charge. Critics say confusion over who's ultimately responsible for the facility isn't simply a bureaucratic matter. They argue it raises concerns about accountability and oversight as detainees' lives hang in the balance. Here's a look at three key reasons the question of who's in charge is so significant. In a federal lawsuit, environmental groups are asking a judge to block operations and construction at the site until environmental laws are followed. That case hinges on the question of whether Alligator Alcatraz is a federal project. The groups and a Native American tribe argue the National Environmental Policy Act should apply to the facility. That law requires a detailed environmental impact analysis for any proposed 'major federal action.' Plaintiffs argue none of that happened before Alligator Alcatraz was built. 'They just circumvented that completely by saying this is state-run,' says Thomas Kennedy, a consultant for the Florida Immigrant Coalition, which opposes the detention facility. Attorneys representing Florida and the federal government argue the detention center, which was built in a matter of days this summer, never had to follow those regulations because construction and operation of the facility are under state control. 'ICE did not and has not ordered, supervised, or directed construction of the facility. ICE did not and has not weighed in on the number of detainees held in the facility. The State of Florida has complete discretion in deciding who is detained at this facility,' ICE Assistant Field Office Director Santiago Fuentes says in a signed declaration included in the court records. According to the Associated Press, an attorney representing the environmental group has argued that the facility's purpose is immigration enforcement, a federal function. Questions about who's doing what at the facility have also come up in connection with another federal lawsuit, which focuses on detainees' access to counsel. There is 'confusion of who exactly is running the show at Alligator Alcatraz,' US District Judge Rodolfo A. Ruiz II said in a July hearing. 'Who is doing what in this facility?' In response to his questions, officials filed paperwork showing agreements between multiple Florida agencies and ICE. Ruiz dismissed part of that lawsuit late Monday and also moved the case to a different jurisdiction, making it likely legal battles over the facility will continue. In the environmental case, US District Judge Kathleen Williams is expected to issue an order this week. And she's already temporarily blocked additional construction at the site. If she sides with the plaintiffs and issues a preliminary injunction this week, Alligator Alcatraz's days could be numbered. Among the options Williams is considering: a full operational shutdown of the facility. When complaints come up about conditions at an immigrant detention facility, or when issues arise in individual detainees' cases, it's important for lawmakers, members of the public and detainees' family members and legal representatives to know who to contact. Typically, Immigration and Customs Enforcement's website will list basic information about its detention facilities, including a detainee locator and details about family and attorney visitations, according to Claire Trickler-McNulty, a former ICE and DHS official who helped craft detention policies in previous administrations. She notes that Alligator Alcatraz isn't listed there. 'Because it's not really, officially an ICE facility, a lot of the infrastructure that's been built is not applicable. So it's sort of like floating in the dark,' she says. 'It's very concerning. … It's confusing and also frustrating, because it's so murky.' Family members of detainees told CNN they've struggled to find out if their loved ones are even being held at Alligator Alcatraz. And critics have raised numerous concerns about the facility since it opened, with reports of hundreds of migrants confined in cages amid sweltering heat, bug infestations and meager meals. The state of Florida has pushed back, saying conditions at the camp are in 'good working order' and that claims to the contrary are false. The Department of Homeland Security has decried what it calls 'hoaxes' about the facility. 'The media is desperate for allegations of inhumane conditions at this facility to be true, so they can slow down President Trump's partnerships with States to turbocharge efforts to remove the worst of the worst,' DHS Assistant Secretary Tricia McLaughlin said in a recent statement. But immigrant rights groups argue the confusion over who's in charge at the facility has very real consequences. 'It raises a lot of red flags, because we want to make sure that everybody's held accountable,' says Nery Lopez, a senior organizer at the Detention Watch Network. 'We don't know who to hold accountable. There's no number (to call) … to have someone go in there and verify' when allegations are made about conditions inside. Kennedy describes the facility as a 'black site.' 'The detainees and their family members feel like they're just in complete legal limbo while they're inside,' he says. McLaughlin disputed that characterization. 'More Alligator Alcatraz hoaxes. It is not a 'black site,'' she told CNN in a written statement. 'The facility is managed by the State of Florida through the Division of Emergency Management. Detainees have access to phones they can use to contact their family and lawyers. Additionally, Alligator Alcatraz meets federal detention standards.' Debates and legal battles over Alligator Alcatraz could have implications far beyond the Florida immigrant detention facility. 'It's seen as a testing ground,' Trickler-McNulty says. That's because officials have repeatedly pointed to the facility as a model they hope other states will follow. 'Florida was unique in what they presented to us, and I would ask every other governor to do the exact same thing,' DHS Secretary Kristi Noem said after visiting the facility in July. 'This is a model, but we need other states to step up,' Florida Gov. Ron DeSantis added. Less than two weeks later, Noem told reporters she was in talks with multiple states who want to build similar facilities. 'I'm having ongoing conversations with five other governors,' Noem said. Just over a month after Alligator Alcatraz began operating, Noem announced a similar facility would open in Indiana. Officials said the facility, dubbed the 'Speedway Slammer' for the famed Indianapolis Motor Speedway to the south, would provide 1,000 immigrant detention beds. And on Tuesday, the Department of Homeland Security announced plans for a 280-bed expansion of ICE detention space at the Work Ethic Camp in McCook, Nebraska, describing the move as its third state partnership. Last week, DeSantis also announced Florida would open another facility at a former prison in the northern part of the state, 'building on the success the state has had with Alligator Alcatraz.' The rapid expansion of detention facilities makes confusion over who's in charge at Alligator Alcatraz all the more concerning, Lopez says. 'Then it flags the alarm of, is this what's going to happen in other areas, too? There's going to be more questions in the air, and it's just truly very dangerous,' she says. Even if legal challenges to Alligator Alcatraz are successful and a judge blocks the facility from operating, Kennedy says, it's clear authorities intend to use this approach elsewhere. 'It's a scary model,' he says. CNN's Devon M. Sayers, Allison Gordon and Isabel Rosales contributed to this report.
CNBC
a day ago
- CNBC
Trump slams 'anti-American' pushback after fresh delay to Arizona copper mine
U.S. President Donald Trump has slammed an appeals court decision to temporarily block a land transfer needed by mining giants Rio Tinto and BHP to develop what is slated to become one of the country's biggest copper mines. In a post on social media platform Truth Social on Tuesday, Trump said the latest setback to Arizona's Resolution Copper mine would impact thousands of jobs at a time when the world's largest economy "quite simply, needs Copper — AND NOW!" His comments came shortly after he met the chief executives of Rio Tinto and BHP at the White House, alongside Interior Secretary Doug Burgum. Two of the world's largest mining firms, Rio Tinto and BHP have been trying to develop the Arizona copper project together for roughly two decades, but the procedures have been beset by legal issues. The 9th U.S. Circuit Court of Appeals on Monday issued a temporary restraining order to prevent a land transfer while the court considers challenges that have been brought by opponents including the San Carlos Apache Tribe, which is seeking to block the project over religious, cultural and environmental reasons. "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 said in a Truth Social post. Resolution Copper described the Monday ruling as "merely a temporary pause," adding it was confident the court would ultimately affirm the necessary land transfer. "This proposed mine is a rip-off, will destroy a sacred area, decimates our environment, threatens our water rights, and is bad for America," Terry Rambler, chairman of the San Carlos Apache Tribe, said in a Facebook post. Addressing Trump's Truth Social post on the recent court ruling, Rambler said the U.S. president's comments "mirror misinformation that has been repeated by foreign mining interests that want to extract American copper." He added that he was willing to meet with the Trump administration to help "protect American interests." The Arizona copper project is a proposed underground mine roughly 60 miles east of Phoenix, close to the the town of Superior. The joint venture is 55% owned by Rio Tinto and 45% by BHP. Resolution Copper says the ore deposit represents "one of the most significant untapped copper deposits today" and estimates the potential for the project to add $1 billion a year to Arizona's economy. A highly conducive metal, copper is a critical component to virtually everything in the modern economy, from solar panels and wind turbines to defense applications and artificial intelligence infrastructure. Demand for copper is expected to skyrocket over the coming years, dramatically outstripping supply amid a transition to a low-carbon world. In a LinkedIn post, BHP CEO Mike Henry thanked Trump and Burgum for "for their strong leadership to reinvigorate mining and processing supply chains in and for America." Alongside Rio Tinto CEO Jakob Stausholm and the company's incoming CEO Simon Trott, BHP's Henry said they met with Trump and Burgum to underscore the firm's commitment to develop Resolution Copper.
