US judge halts plan to transfer Oak Flat land for contested Arizona copper mine
PHOENIX (AP) — A U.S. district judge on Friday temporarily halted the federal government's plans to transfer land in eastern Arizona for a massive copper mining project amid protest by Native American groups that consider the area sacred.
Apache Stronghold and its supporters have been fighting for years to stop the transfer of Tonto National Forest land known as Oak Flat to Resolution Copper. Meanwhile, the company has touted the economic benefits for the region and says it's worked with Native American tribes and others to shape the project.
U.S. District Judge Steven Logan said halting the land transfer would merely delay the production of copper and jobs and revenue to Arizona if it's ultimately upheld. On the other hand, he said Apaches would lose legal access to an ancestral, sacred site if the transfer proceeded.
He said the balance of equities 'tips sharply' in favor of Apache Stronghold. He granted an injunction that will be in place until the U.S. Supreme Court resolves an appeal to reconsider a decision from a panel of judges that refused to block the land transfer for the mine.
Logan, however, denied Apache Stronghold's request to have the injunction extend beyond the Supreme Court's resolution of the case.
'We are grateful the judge stopped this land grab in its tracks so that the Supreme Court has time to protect Oak Flat from destruction,' Wendsler Nosie Sr. of Apache Stronghold said in a statement Friday.
Winnipeg Jets Game Days
On Winnipeg Jets game days, hockey writers Mike McIntyre and Ken Wiebe send news, notes and quotes from the morning skate, as well as injury updates and lineup decisions. Arrives a few hours prior to puck drop.
A statement from Resolution Cooper said the ruling simply maintains the status quo and anticipates the U.S. Supreme Court will decide soon whether to take up the case.
The fight over Oak Flat dates back about 20 years, when legislation proposing the land transfer was first introduced. It failed repeatedly in Congress before being included in a must-pass national defense spending bill in 2014.
President Donald Trump in his first administration released an environmental review that would trigger the land transfer. Former President Joe Biden pulled it back so the federal government could consult further with tribes.
Then, the U.S. Forest Service in April announced it would forge ahead with the land transfer, prompting Apache Stronghold's emergency appeal.
Apache Stronghold sued the U.S. government in 2021 under the Religious Freedom Restoration Act to protect the place tribal members call Chi'chil Bildagoteel, an area dotted with ancient oak groves and traditional plants the Apaches consider essential to their religion.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
CBC
42 minutes ago
- CBC
Asked about the U.S., Supreme Court of Canada chief justice says rule of law is 'under attack' worldwide
Asked about U.S. President Donald Trump's contentious relationship with parts of the American judiciary, Supreme Court of Canada Chief Justice Richard Wagner said Tuesday "the rule of law and judicial independence is under attack" around the world. Speaking to reporters at his annual news conference on Parliament Hill, Wagner said if a government attacks the media, judges, lawyers and universities — as Trump and his associates have done in recent weeks — there's a good chance it's "a dictatorship" and an "autocratic government." Wagner said Canadians must be "prudent" and preserve their institutions, including a judicial system where rulings are respected by elected officials. "We have to be careful, but be optimistic as well. "In Canada we have a strong legal system," he said. "We have to defend those institutions. We should not take anything for granted." Wagner said, throughout his cross-country travels, "everybody asks me the same question" about whether what's going on in the U.S. courts system will bleed over into Canada. What's different in Canada, Wagner said, is that the "main stakeholders" here "respect separation of powers and judicial independence and are happy to live in a country where the rule of law will prevail." "Canada is not a superpower. But it is a democratic superpower. In this country, the rule of law is non-negotiable," he said. In his second term as president, Trump is pushing an ambitious but constitutionally dubious agenda that has been held back by some judicial rulings. The president has slammed some judges on social media — complaining about a "radicalized and incompetent court system" in one recent post — and threatened others with impeachment or removal from office. When one federal judge ordered a temporary halt to the deportation of alleged Venezuelan gang members, Trump said it was the actions of a "radical left lunatic of a judge, a troublemaker and agitator" who should be off the bench. In hundreds of cases before the U.S. court system, judges have delayed or stymied his efforts to close some federal agencies, pursue mass layoffs of federal workers, block foreign aid, end birthright citizenship for people born on American soil, deport undocumented migrants and slap tariffs on countries such as Canada. After the U.S. Court of International Trade struck down parts of Trump's tariffs regime, saying the president overstepped his constitutional authority by imposing sweeping levies on global goods, one of his top advisors, Stephen Miller, said, "The judicial coup is out of control." Trump has had some legal victories, especially at the U.S. Supreme Court, which includes three justices appointed by him. Late last month, the top court let Trump's administration revoke the temporary legal status of hundreds of thousands of Venezuelan, Cuban, Haitian and Nicaraguan migrants living in the United States, bolstering the Republican president's drive to step up deportations. A Trump official said that ruling was "a victory for the American people."
Winnipeg Free Press
17 hours ago
- Winnipeg Free Press
Attorneys get more time to argue over contested copper mine on land sacred to Apaches
A U.S. district judge in Arizona has opened the door for the next round of legal wrangling as environmentalists and some Native Americas seek to stop the federal government from transferring land in Arizona for a massive copper mining project. Judge Dominic Lanza in a ruling issued Monday denied motions that sought to halt the transfer pending the outcome of the case. However, he did preclude the U.S. Forest Service from proceeding with the land exchange until 60 days after the agency issues a required environmental review. Lanza said that would give the parties more time to analyze the environmental report and file amended complaints. He said granting a preliminary injunction now would be premature since the review will differ in some ways from the one that spurred the legal challenge four years ago. 'It is unfortunate that the result of this order will be to force the parties to engage in another stressful, abbreviated round of briefing and litigation activity' when the new review is issued, he said, acknowledging the unusual circumstances. Attorneys for the federal government and the mining company agreed during a recent hearing to the 60-day delay. That time frame also is specified in the legislation that Congress passed and then-President Barack Obama signed in 2014 authorizing the exchange. The group Apache Stronghold, the San Carlos Apache Tribe and others welcomed more time to fight for Oak Flat, an area they consider as holy. 'In this critical moment, we call on the Trump administration and Congress to halt the transfer to a Chinese-owned mine, and honor what is sacred,' said Wendsler Nosie Sr., leader of Apache Stronghold. 'As we continue to fight in court, know this: Nothing will turn us away from defending the spiritual essence of our people, the lifeblood that connects us to the creator and this land.' A statement from Resolution Cooper said the ruling is consistent with prior decisions and gives the parties time to review the final environmental impact statement that will be issued later this month. 'We are confident the project satisfies all applicable legal requirements,' said Resolution president and general manager Vicky Peacey. She added that years of consultation with tribes and communities resulted in changes to the mining plan to reduce potential effects. The fight over Oak Flat dates back about 20 years, when legislation proposing the land exchange was first introduced. It failed repeatedly in Congress before being included in a must-pass national defense spending bill in 2014. San Carlos Apache Chairman Terry Rambler said Monday that the bill was not in the best interest of the American people, Arizona or his tribe. He said concerns persist about the mine's use of groundwater and the pending obliteration of the culturally significant site. Apache Stronghold and the tribe sued the U.S. government in 2021 to protect the place tribal members call Chi'chil Bildagoteel, which is dotted with ancient oak groves and traditional plants the Apaches consider essential to their religion. The U.S. Supreme Court recently rejected an appeal by the Apache group, letting lower court rulings stand. The project has support in nearby Superior and other traditional mining towns in the area. The company — 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.
Toronto Star
18 hours ago
- Toronto Star
Mi'kmaq band drops legal case on N.S. lobster fishery
HALIFAX - A Mi'kmaq band has dropped a legal case alleging Ottawa was violating its treaty rights in the lobster fishery, after hopes were raised of a historic deal. Last December, the lawyer for Sipekne'katik First Nation told Nova Scotia Supreme Court Justice John Keith that discussions with Ottawa to settle the matter were 'moving to a conclusion.' Keith gave the parties until June 16 to finish the mediation, but said at that point the case would carry on before the courts. ARTICLE CONTINUES BELOW However, a letter to the courts sent June 6 by Sipekne'katik's lawyer Nathan Sutherland dropped the case without any further explanation. Neither side has provided an update on the status of negotiations for a new agreement. Chief Michelle Glasgow, the leader of the Indigenous community about 70 kilometres north of Halifax, didn't reply to a request for comment. Band members had argued their 'moderate livelihood' lobster harvest outside of the regular season is permitted by a 1999 Supreme Court of Canada decision, while non-Indigenous commercial fishers have contended it threatens stocks and fails to recognize how the courts have maintained Ottawa's right to regulate. The original lawsuit was launched by the band in 2021, seeking a declaration that current federal regulations infringe on its treaty right to fish. The Unified Fisheries Conservation Alliance, a group that represents commercial fishers, said in a news release Monday that the discontinuing of the case is a 'major victory' for its members. ARTICLE CONTINUES BELOW ARTICLE CONTINUES BELOW 'It is an acknowledgement by Chief (Michelle) Glasgow and Sipekne'katik First Nation that the rights to the illegal out-of-season lobster fishing ... are not a treaty protected right, it is poaching, plain and simple', said Colin Sproul, president of the group. Meanwhile, the group said they will be pursuing separate legal action, filed in August 2024, asking the provincial Supreme Court to determine the rules and limits to be applied to Sipekne'katik First Nation's fishery under the Marshall decision. The Supreme Court of Canada's 1999 Marshall decision said the Mi'kmaq, Maliseet and Passamaquoddy bands in Eastern Canada could hunt, fish and gather to earn a 'moderate livelihood,' though the court followed up with a clarification saying the treaty right was subject to federal regulation to ensure conservation. In September 2020, the Sipekne'katik First Nation issued five lobster licences to its members, saying they could trap and sell their catch outside the federally regulated season. In the months that followed there were confrontations on the water, rowdy protests and riots at two lobster pounds, one of which was razed by arson. According to a letter the band's lawyers sent to the court last December, seven federal officials — including the regional director of the Fisheries Department — attended weekly mediation talks in the legal case, with 10 representatives of the First Nation participating. ARTICLE CONTINUES BELOW ARTICLE CONTINUES BELOW 'The progress made to date and moving forward from our 25 years of impasse is immeasurable,' wrote Ronald Pink, the lawyer at the time, in the 2024 letter to the judge. The talks were also described by lawyers last December as being extensive, with former senator Dan Christmas and retired federal mediator Barney Dobbin guiding discussions. This report by The Canadian Press was first published June 9, 2025.
