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.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
19 minutes ago
- Yahoo
How the $1,000 ‘Trump accounts' for American babies compare to 529s and custodial Roth IRAs
President Donald Trump and American business leaders this week celebrated a provision in his tax bill that would create and fund investment accounts for babies born in the next few years. The accounts would be allowed to compound and grow tax-deferred, similar to the way some retirement accounts work. 'In addition to the substantial financial benefits of investing early in life, extensive research shows that children with savings accounts are more likely to graduate high school and college, buy a home, start a business and are less likely to be incarcerated,' Trump said. 'Trump accounts will contribute to the lifelong success of millions of newborn babies.' Here's what you should know about these 'baby 401(k)s' and how they compare to other savings plans for children. The so-called Trump accounts are part of Trump's 'One Big Beautiful Bill Act' that passed through the House of Representatives last month. Republicans are aiming to get the bill through the Senate and signed by Trump by July 4th. Here's how the accounts would work: The federal government would contribute $1,000 to an investment account for every American baby born between Jan. 1, 2025, and Dec. 31, 2028. An additional $5,000 in after-tax contributions could be made annually to the accounts by parents, employers or other private entities. The money would be invested in index funds that track the overall U.S. stock market. Accounts would be controlled by a child's legal guardians until age 18. Earnings would grow tax-deferred and qualified withdrawals would be taxed at the long-term capital gains rate. 'The compounded growth of an initial $1,000 investment at the time of birth, at an average annual return of 8 percent, would amount to nearly $4,000 by age 18, more than $10,000 by age 30, and over $148,000 by age 65,' according to Bankrate Chief Financial Analyst Greg McBride. 'The key to achieving this type of growth is leaving the money untouched. As Warren Buffett espouses, 'Never interrupt compounding.'' Several business leaders praised the accounts and said they'd make contributions to their employee's kids' accounts. 'We see … the establishment of these Trump Accounts as a simple yet powerful way to transform lives,' Dell Technologies CEO Michael Dell said. 'Decades of research has shown that giving children a financial head start profoundly impacts their long-term success.' Get started: Match with an advisor who can help you achieve your financial goals Trump Accounts have some similarities with 529 savings plans, but there are some notable differences. Funding: Trump accounts would be initially funded by the federal government, while 529 plans are typically funded by parents, grandparents or other relatives. Withdrawals: Withdrawals from 529 plans are tax-free as long as they're used for qualified educational expenses. Withdrawals from Trump accounts would have fewer restrictions on their uses, but are taxed at long-term capital gains rates. Contribution limits: Annual contributions for Trump accounts would be limited to $5,000, while 529 plans allow for much higher limits, from about $235,000 to more than $600,000, depending on the state that sponsors the plan (these are lifetime limits; there's no annual limit for 529s). Many people assume that the maximum 529 plan contribution is $19,000 per child in 2025 — or $38,000 if you file jointly — but that's the maximum amount you can contribute without exceeding the annual gift tax limit. (If you give someone more than that limit in any given year, then you're required to file a gift tax return, though you likely still won't owe taxes on the gift.) Here's what else you should know about using a 529 plan to save for your kids' education. Compare advisors: Bankrate's list of the best financial advisors Custodial Roth IRAs also allow kids to set aside money and have it be invested so it grows over time. Here's how they compare to the proposed Trump accounts. Earned income requirement: Trump accounts would be funded at birth and allow for additional contributions each year, while custodial Roth IRAs require a child to have earned income during the year in order to contribute. Contribution limits: Custodial Roth IRA contributions are limited to $7,000 in 2025, or the total amount of earned income a child has during the year, whichever is less. Trump accounts would allow for annual contributions of $5,000. Taxes on withdrawals: Withdrawals from Roth IRAs during retirement are tax-free, while withdrawals from the proposed Trump accounts would be taxed at the long-term capital gains rate. Here's more on custodial Roth IRAs. The proposed Trump Accounts would create new investment accounts for every American baby born in the next few years, funded with $1,000 from the federal government. The accounts would be invested in index funds that track the U.S. stock market and could receive additional contributions each year of $5,000 from private entities. The plan is subject to change as the bill makes its way through the legislative process. Error in retrieving data Sign in to access your portfolio Error in retrieving data Error in retrieving data Error in retrieving data Error in retrieving data
CBS News
23 minutes ago
- CBS News
Bay Area solar owners could see tax credits slashed under Trump's spending bill
The budget bill being debated in Congress could have serious implications for a lot of industries, but some are saying it could be a disaster for the residential solar industry. Solar companies are already hurting from reductions in government subsidies, but a threat to eliminate the federal solar tax credit could be putting the industry on the verge of collapse. Solar power itself is a proven technology with a lot of benefits to offer as a clean, renewable source of energy. But right now, a lot of energy is going into just keeping the business alive. "I think the industry is going to go through some very hard times," said Severin Borenstein, faculty director at UC Berkeley's Haas Energy Institute. He said rooftop solar has gone through a lot of changes in the last few years, with the State reducing how much solar system owners are credited for the energy they produce. But lately things have been improving. "2024 was back to 2021 levels, so they had really recovered from a drop," said Borenstein. "But now, with what the Trump administration is doing, I think there's a lot of concern. There were already a lot of rooftop solar companies that had pretty tenuous financing and were having a hard time. And I think this is pushing some of them over the edge." He was talking about a Republican effort in the budget bill to eliminate the 30 percent federal tax credit given to people who install solar systems on their homes. That, along with the tariffs being imposed by President Trump, has solar industry insiders calling foul. "It's really sad to see solar energy being caught in partisan crosshairs," said Brad Heavner, executive director of the California Solar and Storage Association. "The sun is not Republican or Democrat. The need for more electricity is not Democrat or Republican. We need more energy in America and Congress has a role to play in making that happen." But right now, the role Congress is playing is to restrict rooftop solar, along with other renewable energies, in favor of older sources like fossil fuels and coal. The effect has already been devastating, with solar companies going bankrupt across the country. On Monday, solar giant Sunnova Energy filed for protection and last week, Solar Mosaic, a major lender in the business, also went belly up. But Gordon Johnson, founder of a research firm studying the industry, said the companies may have brought it on themselves simply by the way they did business. He said some misrepresented their costs to lenders in what he compared to a Ponzi Scheme. "The solar industry in the US is in a state of significant disarray. And it's not something that could not have been predicted," said Johnson. "They perpetually issue debt. These companies are always issuing debt. As soon as they can't issue debt, and they can't plug that hole of the actual cost of the system versus what they show Wall Street, they quickly go bankrupt." Higher interest rates and equipment cost inflation have also figured into the mix. One analysis found that, nationwide, more than $14 billion in clean energy and electric vehicles have been cancelled or delayed as a result. The prospects for the industry aren't good right now, but Joe Osha, an analyst for investment banker Guggenheim Securities, said rooftop solar should not be confused with the overall solar energy market. "In megawatt terms, I can tell you that the residential solar business, as visible as it is, is only a tiny fraction of the solar generation that gets added into this country each year," said Osha. "The vast majority of it are these large utility-scale solar farms. I don't see any scenario under which that utility-scale solar business collapses." That leaves residential solar twisting in the political wind. And experts are saying small companies that have been the backbone of California's solar revolution will have a hard time staying in business.
Yahoo
29 minutes ago
- Yahoo
Critical minerals give China an edge in trade negotiations
GANZHOU, China (AP) — China's dominance over critical minerals in global supply chains was a powerful bargaining chip in trade talks between Beijing and Washington that concluded with both sides saying they have a framework to pursue a deal. China has spent decades building the world's main industrial chain for mining and processing such materials, which are used in many industries such as electronics, advanced manufacturing, defense and health care. Mines and factories in and around Ganzhou, a key production hub for rare earths, underpin China's control over the minerals. Many residents grew up collecting rocks containing the valuable minerals from the forested hills surrounding the southern city and today make a living from mining, trading or processing them. Critical minerals as a trade issue Responding to ever higher tariffs and other controls on advanced technology, China told exporters of certain key rare earths and other critical minerals to obtain licenses for every shipment abroad. Approvals can take weeks, leading to supply chain disruptions in the U.S. and other countries. President Donald Trump said Wednesday that China would make it easier for American industry to obtain much-needed needed magnets and rare earth minerals, clearing the way for talks to continue between the world's two biggest economies. In return, Trump said, the U.S. will stop efforts to revoke the visas of Chinese nationals on U.S. college campuses. But details remain scarce. Beijing has not confirmed what the negotiators agreed to, and Chinese President Xi Jinping and Trump himself have yet to sign off on it. The Chinese Commerce Ministry said Saturday it had approved a 'certain number' of export licenses for rare earth products, apparently acknowledging Trump's personal request to Xi during a phone call last week. And on Wednesday, the Ganzhou-based rare-earth conglomerate JL MAG Rare-Earth Co. confirmed it had obtained some export licenses for shipments to destinations including the U.S., Europe and Southeast Asia. Experts say, however, Beijing is unlikely to do away with the permit system enabling it to control access to those valuable resources. The only scenario in which China might deregulate its critical minerals export is if the U.S. first fully removes tariffs imposed on Chinese goods as part of the trade war, said Wang Yiwei, a professor of international affairs at Renmin University, echoing the Chinese government's earlier stance. 'Without that,' he said, 'it will be difficult to blame China for continuing to strengthen its export controls.' An industry built over decades with government support In 1992, Deng Xiaoping, the leader who launched China's ascent as the world's biggest manufacturing power, famously said 'the Middle East has oil, China has rare earths,' signaling a desire to leverage access to the key minerals. Several generations later, Beijing has made its rich reserves of rare earths, a group of 17 minerals that are abundant in the earth's crust but hard, expensive and environmentally polluting to process, a key element of China's economic security. In 2019, during a visit to a rare earth processing plant in Ganzhou, Xi described rare earths as a 'vital strategic resource.' China today has an essential monopoly over 'heavy rare earths,' used for making powerful, heat-resistance magnets used in industries such as defense and electric vehicles. The country also produces around 80% of the world's tungsten, gallium and antimony, and 60% of the world's germanium -– all minerals used in the making of semiconductors, among other advanced technologies. The risks of dependency on Chinese suppliers first came into focus in 2010, when Beijing suspended rare earths exports to Japan due to a territorial dispute. The ban was lifted after about two months, but as a precaution, Japan invested in rare earths processing plants in other countries and began stockpiling the materials. Beijing's across-the-board requirement for export licenses for some critical minerals has put pressure on world electronics manufacturers and automakers. Some auto parts makers in Europe have shut down production lines due to delays in supply deliveries, according to the European Association of Automotive Suppliers. In the U.S., Tesla CEO Elon Musk said a shortage of rare earths is affecting his company's work on humanoid robots. China's critical minerals resources are dwindling In the drab industrial hub of Ganzhou, cradled by the scenic Dayu Mountains, the U.S.-China trade war is still a distant stressor. Miners and small mineral traders interviewed by The Associated Press said they are more concerned about depleting the mountains' once-abundant resources. Zhong, a tungsten factory manager in Ganzhou who would only give his last name, worked his way up to manager from a miner, but he's unsure there is a future for him and others in the industry. 'I find growing difficulties to source tungsten these days,' he said, adding that smaller mines and trading companies are slowly disappearing as the resources are dwindling. Tungsten is an ultra-hard metal used in armor-piercing ammunition, nuclear reactors and semiconductors. At least five tungsten mines have closed in the area in recent years, according to state media. Remaining reserves are deeper and harder to extract and process after decades of exploitation, said Li Shangkui, chairman of the Ganzhou-based Jiangxi Yuean Advanced Materials Co., Ltd. Processing factories in Ganzhou now routinely source materials from other provinces or other countries. Zhong's plant imports some raw materials from places like Africa and Cambodia. Major state-owned and private companies in Ganzhou are also ramping up investments abroad. Tungsten producer Ganzhou Haisheng, for instance, announced last year a $25 million investment in a new tungsten plant in Thailand. Whatever the challenges in procuring raw materials, China likely will seek to maintain its dominance in critical minerals, said Fabian Villalobos, an engineer and critical minerals expert at the RAND think tank. The U.S. lags far behind China on critical minerals Between 2020 and 2023, the U.S. imported at least 70% of the rare earth compounds it used from China, according to the U.S. Geological Survey. It has diversified its sources in recent years, but still mainly relies on China. Since beginning his second term in office, Trump has made improving access to critical minerals a matter of national security. But the U.S. has an incredibly long way to go to catch up with China, experts say. The sole operational U.S. rare earths mine, in Mountain Pass, California, is unable to separate heavy rare earths. It sends its ore to China for processing. The U.S. Defense Department has provided funding to the mine's owner, MP Materials, to build new separation facilities. It will take months to build and still only produce a fraction of what is needed. Friction over the issue has opened the way for government-backed financing that was unavailable before, said Mark Smith, who ran the Mountain Pass mine in the early 2010s and now leads NioCorp. It's seeking about $780 million in financing through the U.S. Export-Import Bank to build a processing facility in Nebraska for critical minerals including rare earths. The Defense Department has committed $439 million to building domestic rare earth supply chains, but building a complete mining and processing industrial chain like China's could take decades. 'There are going to be some real issues here unless we can figure out how to get along with China for a period of time while we're developing our own resources and our mainstream processing,' Smith said. The spotlight on critical minerals also provides opportunities for smaller miners to invest in extracting and processing some critical minerals, such as tungsten, considered 'niche' because they are needed in relatively small amounts in key industries, said Milo McBride, an expert on sustainability and geopolitics at the Carnegie Endowment for International Peace. 'For many of these companies, the business strategy hedges on a scenario where the U.S. and China become more confrontational and where trade relations become more uncomfortable,' McBride said. 'And all of a sudden, what was once an uneconomic project somewhere outside of China starts to make more sense.' ___ Associated Press news researcher Shihuan Chen contributed to this story. Simina Mistreanu, The Associated Press Error in retrieving data Sign in to access your portfolio Error in retrieving data Error in retrieving data Error in retrieving data Error in retrieving data
