Latest news with #WendslerNosie
E&E News
28-05-2025
- Business
- E&E News
Tribal members pledge to fight as Supreme Court clears way for copper mine, ditches black lung case
Tribal members vowed to continue fighting a massive copper mine in Arizona that they say will destroy sacred land after the Supreme Court refused to intervene. The nation's highest court in a split decision rejected a request from the nonprofit grassroots group Apache Stronghold to intervene. In doing so, the justices left a lower court's ruling in place that allows the transfer of federal land in the Tonto National Forest to Resolution Copper, a joint venture between Rio Tinto and BHP, which plans to dig up copper there. 'We will never stop fighting — nothing will deter us from protecting Oak Flat from destruction,' Wendsler Nosie, head of Apache Stronghold and former chair of the San Carlos Apache, said in a statement. 'While this decision is a heavy blow, our struggle is far from over. We urge Congress to take decisive action to stop this injustice while we press forward in the courts.' Advertisement Also on Tuesday, the Supreme Court denied a petition by the coal company, Arch Resources, involving a 2024 ruling by the 6th U.S. Circuit Court of Appeals that found the company liable for benefits to certain coal miners disabled by pneumoconiosis, or black lung disease.
Yahoo
19-04-2025
- Politics
- Yahoo
Trump puts Oak Flat copper mine on permitting fast track. Tribes, opponents vow to fight
The Trump administration has now put the Oak Flat copper mine on the fast track for permit approval, a day after moving to push ahead with a land swap. A federal agency that oversees and supports permits for public lands projects added Resolution Copper's proposed mine east of Phoenix to a new priority list on April 18, along with nine other mining projects. It is part of the administration's push to increase domestic production of critical minerals through an executive order issued March 20. The list was posted in the wake of an announcement by the U.S. government on April 17 that it would reissue the final environmental impact statement, clearing the way to transfer ownership of Oak Flat, a site considered sacred to Apache and other Native peoples, to Resolution Copper no earlier than June 17. A petition attempting to stop the land swap is awaiting action at the U.S. Supreme Court. It was filed by grassroots group Apache Stronghold as part of ongoing litigation to stop the mine from turning Oak Flat into a huge crater through its mining process. The Becket Fund for Religious Liberty, which is representing Apache Stronghold, filed a letter April 18 with the Supreme Court calling for the high court to move quickly to accept Apache Stronghold's case. "Until now, there may have been some doubt about the government's intent to move forward with the transfer and destruction of Oak Flat," the firm said. "But this notice removes all doubt: the government intends to move forward, and to do so quickly." After receiving word of the government's latest move, Apache Stronghold leader Wendsler Nosie posted on his Facebook page: "We are ready to defend what is holy, so keep us in prayer." Sacred places: Indigenous people find legal, cultural barriers to protect sacred spaces off tribal lands The latest order put Oak Flat and nine other mining projects — including the McDermitt and Silver Peak lithium mines in Nevada; the Stibnite open-pit gold mine in Idaho; and the Lisbon Valley copper mine in Utah — on a faster schedule. Federal officials said it would allow for "more transparent" environmental review and authorizations, which the administration said would contribute to a more efficient process. The statement said speeding up environmental reviews and permitting for these 10 projects would support Trump's earlier executive order, which directs agencies to "take immediate action to facilitate domestic production of America's vast mineral resources to create jobs, fuel prosperity, and significantly reduce our reliance on foreign nations." Many of these projects face opposition from tribes and environmentalists, including Oak Flat. Also known as Chi'chil Biłdagoteel, "the place where the Emory oak grows," Oak Flat is at the heart of a dispute over what should happen to the land. The struggle over a small plot of land in the mountains about 60 miles east of Phoenix is also emblematic of an ongoing debate about the conflict between First Amendment religious rights, public lands oversight and a 150-year-old mining law's relevance in the 21st century. The Mining Law of 1872 opened federal lands to mineral extraction. It gives U.S. citizens the opportunity to explore and purchase mineral deposits on public lands designated as open for mining claims. It's the foundation of mineral extraction laws and hasn't been significantly changed in its 153-year history. In December 2014, Congress authorized the U.S. Forest Service to trade the 2,200-acre site, currently a campground about 60 miles east of Phoenix, for parcels of environmentally sensitive private land owned by Resolution Copper, a company owned by British-Australian mining corporations Rio Tinto and BHP. Demand for ore: Why can't the US mine and refine all its copper? What to know about new Trump order Resolution plans to extract the copper ore using a method known as block cave mining, in which tunnels are drilled beneath the ore body, and then collapsed, leaving the ore to be moved to a crushing facility. Eventually, the ground would subside, leaving behind a crater about 1,000 feet deep and nearly 2 miles across where Oak Flat and its religious and environmental significance stand. The U.S. Forest Service published the final environmental impact statement and draft decision for the copper mine and land swap five days before the end of the Trump administration in January 2021. The land deal could have been finalized within 60 days of that action. Apache Stronghold filed its lawsuit in January 2021 in federal court to stop the land swap, citing religious rights guarantees under the First Amendment and the Religious Freedom Restoration Act. Many Native religions are land-based, which means that certain places hold great spiritual significance or are holy sites. If they are damaged or obliterated, Native people say, their religions and ability to practice their religions are similarly damaged. The Becket Fund, a nonprofit legal organization that works to protect religious rights and practices, accepted the case and, along with a group of private attorneys and law professors, has represented Apache Stronghold, which includes Apache and other Native peoples and their allies. The San Carlos Apache Tribe and a coalition of environmentalists filed two other lawsuits. Those two are on hold awaiting the refiling of the environmental impact statement. The Biden administration rescinded the environmental impact statement in March 2021 for further consultation with tribes. That reconsultation began in September 2021. The Forest Service said the consultation is ongoing. Resolution was granted permission to join the lawsuit in 2023. After being turned down by the federal district court and the 9th U.S. Circuit Court of Appeals, Apache Stronghold appealed to the Supreme Court. Building mines: In the 'Copper State,' growing demand for ore raises fears in the fragile Sky Islands While the high court debates taking the case, environmentalists alarmed by the government's precipitous move weighed in. 'I can hardly think of a less-deserving mine project," said Curt Shannon, interim director for the Arizona Mining Reform Coalition. "All of the copper will be shipped offshore for smelting (likely to China) due to smelting capacity issues in the USA" He added that despite Resolution's pledge to conserve its water usage, the mine would consume nearly half a trillion gallons of water he said was desperately needed for other uses in Arizona. "All that we will get is a huge hole in the ground and 1.5 billion tons of toxic mine tailings that need to be impounded in perpetuity.' 'Advancing this land swap sets the stage for the destruction of Oak Flat, a place that is sacred to Indigenous people, including the Apache, and is on the National Register of Historic Places as a traditional cultural property, the Chí'chil Biłdagoteel historic district," said Sandy Bahr, director of the Sierra Club's Grand Canyon Chapter. She said in addition to its sacred standing, Oak Flat is a world-class recreational area and a place of significant biological diversity. "Sierra Club stands in solidarity with the Apache people, faith leaders, and other conservation groups in opposition to the land exchange and the proposed mine," Bahr said. "We will not stop fighting to protect this critical area.' The Coalition to Dismantle the Doctrine of Discovery, a group that seeks to mobilize Christian churches to dismantle the Doctrine of Discovery, which purported to give Christian heads of state dominion over the Americas, also called for justice. "We know that you listen to our prayers and we pray that you would protect Oak Flat from the mining transfer," the group said on its Facebook page, "and that you would protect the earth from more extractive destruction." Debra Krol reports on Indigenous communities at the confluence of climate, culture and commerce in Arizona and the Intermountain West. Reach Krol at Follow her on X, formerly known as Twitter, @debkrol. Coverage of Indigenous issues at the intersection of climate, culture and commerce is supported by the Catena Foundation. This article originally appeared on Arizona Republic: Trump puts Resolution Copper mine at Oak Flat on permit fast track
Yahoo
18-04-2025
- Politics
- Yahoo
Feds to move ahead on Oak Flat copper mine swap in Arizona, despite pending Supreme Court case
The Trump administration plans to reissue the final environmental impact statement for a long-delayed land swap that would hand over Oak Flat, a site considered sacred to Apache peoples and other Native peoples, to a copper mining company no earlier than June 17, according to a filing with the U.S. District Court of Arizona. The government issued the notice on April 17 even as the U.S. Supreme Court continues to deliberate over accepting a 4-year-old court case filed by grassroots group Apache Stronghold to prevent the 2,200-acre site from being obliterated by a copper mine. It's the latest twist in a more than 20-year-old struggle over the fate of Oak Flat, between the Native communities who hold the site sacred and Resolution Copper, which wants access to one of the country's remaining large copper deposits. For the leaders of the opposition, the court filing confirmed their worst fears. 'The U.S. government is rushing to give away our spiritual home before the courts can even rule — just like it's rushed to erase Native people for generations,' said Apache Stronghold leader Wendsler Nosie. 'This is the same violent pattern we have seen for centuries. We urge the Supreme Court to protect our spiritual lifeblood and give our sacred site the same protection given to the holiest churches, mosques, and synagogues throughout this country.' "The feds are barreling ahead to give Oak Flat to Resolution Copper, even as the Supreme Court considers whether to hear the case,' said Luke Goodrich, vice president and senior counsel at the Becket Fund for Religious Liberty, a nonprofit legal organization that works to protect religious rights and practices. 'This makes the stakes crystal clear: If the court doesn't act now, Oak Flat could be transferred and destroyed before justice can be served.' Sacred lands: Indigenous people find legal, cultural barriers to protect sacred spaces off tribal lands Oak Flat, or Chi'chil Biłdagoteel, "the place where the Emory oak grows," is at the heart of a dispute over what should happen to the land. In December 2014, Congress authorized the U.S. Forest Service to trade the 2,200-acre site, currently a campground about 60 miles east of Phoenix, for parcels of environmentally sensitive private land owned by Resolution Copper, a subsidiary of British-Australian mining companies Rio Tinto and BHP. To obtain the copper ore, Resolution would use a method known as block cave mining, in which tunnels are drilled beneath the ore body, and then collapsed, leaving the ore to be moved to a crushing facility. Eventually, the ground would subside, leaving behind a crater about 1,000 feet deep and nearly 2 miles across where Oak Flat and its religious and environmental significance stand. The U.S. Forest Service published the final environmental impact statement and draft decision for the copper mine and land swap five days before the end of the Trump administration in January 2021. The land deal could have been finalized within 60 days of that action. Apache Stronghold filed its lawsuit in January 2021 in federal court to stop the land swap, citing religious rights guarantees under the First Amendment and the Religious Freedom Restoration Act. Becket accepted the case and, along with a group of private attorneys and law professors, has represented Apache Stronghold, which includes Apache and other Native peoples and their allies. The Biden administration rescinded the environmental impact statement in March 2021 for further consultation with tribes. That consultation is ongoing. Resolution was granted permission to join the lawsuit in 2023. After being turned down by the federal district court and the 9th U.S. Circuit Court of Appeals, Apache Stronghold appealed to the Supreme Court. Priorities: Trump says reliance on imported copper leaves U.S. vulnerable, orders review of policies The filing by the administration acknowledged that Apache Stronghold's petition is pending at the high court: "The disposition of that petition may affect the timing of when Federal Defendants proceed with publication of any FEIS and Draft Record of Decision," the attorneys wrote. They said in the filing that if the Supreme Court denies Apache Stronghold within the 60 days given by the notice, the Forest Service will proceed with the deal. If the high court agrees to hear the case, or if the court is still considering hearing it by the June 17 deadline, the administration said it will reevaluate how to proceed. Resolution Copper said the news was a positive step forward. "The Resolution Copper mine is vital to securing America's energy future and infrastructure needs with a domestic supply of copper and other critical minerals," said Vicky Peacey, Resolution Copper's general manager. She said the mine would add $1 billion a year to Arizona's economy and create thousands of local jobs in the Copper Triangle. Resolution made major changes to the mining plan after consultation with tribes and other communities to "preserve and reduce potential impacts on cultural interests, and this ongoing dialogue will continue to shape the project," Peacey said. The Center for Biological Diversity, which would be a partner in reviving a lawsuit filed by it and other environmental groups when the new environmental impact statement is released, had a different take. 'Trump's decision to launch the Oak Flat land exchange shows his complete disdain for religious liberty, Native American rights and the protection of public lands," said Russ McSpadden, Southwest conservation advocate for the organization. "Oak Flat is central to the spiritual and cultural practices of the Apache people and other tribes in the region." He said it is also a biological gem, home to rare desert ecosystems, springs and wildlife. "Destroying it for the profit of foreign mining corporations is a moral, cultural and environmental catastrophe of historic proportions. We've been fighting this project for decades and we won't stop now.' Debra Krol reports on Indigenous communities at the confluence of climate, culture and commerce in Arizona and the Intermountain West. Reach Krol at Follow her on X, formerly known as Twitter, @debkrol. Coverage of Indigenous issues at the intersection of climate, culture and commerce is supported by the Catena Foundation. This article originally appeared on Arizona Republic: Feds moving ahead with land swap for copper mine at Oak Flat in AZ
