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Supreme Court Declines to Take Up Challenge to Big Arizona Copper Project
Supreme Court Declines to Take Up Challenge to Big Arizona Copper Project

Wall Street Journal

time4 days ago

  • Business
  • Wall Street Journal

Supreme Court Declines to Take Up Challenge to Big Arizona Copper Project

The Supreme Court cleared a major obstacle for a giant copper project in Arizona being developed by the world's two most valuable mining companies, declining to review a case from a coalition of Native American people, religious groups and others who say the planned mine will destroy a sacred site. The project, called Resolution Copper, has been under development by mining giants Rio Tinto and BHP Group BHP -0.21%decrease; red down pointing triangle for roughly two decades. The companies say the mine could supply as much as a quarter of current U.S. demand for copper, a metal viewed as essential to everything from electric vehicles to the data centers powering the AI boom. But it has faced repeated challenges by a group of local Apaches who argue the mine will turn a sacred area into a crater nearly 2 miles across, and deep enough to hold the Eiffel Tower. Supported by other Native American people, Christian groups, environmentalists and outdoor enthusiasts, the Apache group sought an appeal from the Supreme Court to block a federal land transfer needed for the project to advance. The court rejected a plea to review the case. As a result, the U.S. Forest Service will be able to go ahead with republishing a final environmental impact statement that opens the door to the land exchange, including a piece of land called Oak Flat, where opponents of the mine say they gather for religious ceremonies. Write to Rhiannon Hoyle at

Supreme Court turns down Apaches' bid to block copper mine on sacred site
Supreme Court turns down Apaches' bid to block copper mine on sacred site

CBS News

time5 days ago

  • Business
  • CBS News

Supreme Court turns down Apaches' bid to block copper mine on sacred site

Washington — The Supreme Court on Tuesday turned away a challenge from Native Americans seeking to block a copper mining project on government-owned land in Arizona that will destroy a sacred site used to perform religious ceremonies. The court rejected an appeal from the nonprofit organization Apache Stronghold, which challenged the transfer of the site known as Oak Flat to the mining company Resolution Copper. In turning away the case, the high court left in place a lower court ruling that allowed the land, located in Tonto National Forest, to be transferred for the development of the copper mine. Justices Neil Gorsuch and Clarence Thomas dissented from the Supreme Court's denial of the appeal. Justice Samuel Alito did not participate in the court's consideration of the case. Gorsuch, joined by Thomas, called the Supreme Court's decision not to hear the challenge a "grave mistake" and said the lower court's decision is an "outlier." "While this court enjoys the power to choose which cases it will hear, its decision to shuffle this case off our docket without a full airing is a grievous mistake — one with consequences that threaten to reverberate for generations," Gorsuch wrote. "Just imagine if the government sought to demolish a historic cathedral on so questionable a chain of legal reasoning. I have no doubt that we would find that case worth our time. Faced with the government's plan to destroy an ancient site of tribal worship, we owe the Apaches no less." The federal government had for more than a century recognized Oak Flat's significance and protected the land, as well as the Apaches' access to it. The site includes old-growth oak groves, sacred springs and burial locations, according to court filings, and the Apaches consider Oak Flat to be "a unique dwelling place of spiritual beings called Ga'an." But that changed after a copper deposit was discovered under the site in 1995. Seeking to obtain the deposit, two mining companies, Rio Tinto and BHP, created a joint venture called Resolution Copper. From 2005 to 2013, Resolution Copper's backers in Congress introduced legislation to transfer Oak Flat to the company, though the efforts were not successful. Then, in 2014, a land-transfer bill was included in a must-pass defense package, which authorized the transfer of roughly 2,422 acres including Oak Flat to Resolution Copper in exchange for other parcels of land. The legislation revoked prior presidential orders that protected Oak Flat from mining and directed the secretary of Agriculture to prepare an environmental impact statement for the project. That environmental impact statement, published in January 2021, confirmed that the copper mine would "directly and permanently" damage Oak Flat. To extract the copper, the company plans to use a technique called panel carving, which Apache Stronghold said would turn the site into a crater that is roughly 1,000 feet deep and nearly two miles wide. While the original environmental impact statement was withdrawn shortly after it was issued, the Trump administration has said that it plans to publish a final version next month and move forward with the land transfer to Resolution Copper. In an attempt to stop the exchange and subsequent destruction of Oak Flat, Apache Stronghold filed a lawsuit in 2021, arguing that the move violates the Religious Freedom Restoration Act and Free Exercise Clause of the First Amendment. A federal district court declined to block the land transfer, and a divided U.S. Court of Appeals for the 9th Circuit ultimately rejected Apache Stronghold's challenge, finding that the copper mining project did not impose a substantial burden on the tribes' religious exercise. The Forest Service has estimated that the project will create 3,500 jobs and contribute $1.2 billion to Arizona's economy each year. But lawyers for the San Carlos Apache Tribe, which worships at the site, said in court papers that Oak Flat "is central to traditional Apache religion as the home of Apache deities and the only place where Apaches can practice unique ceremonies." The Supreme Court considered whether to take up Apache Stronghold's appeal of the 9th Circuit's decision at more than a dozen closed-door conferences.

Vista Gold fined $160,000 for damaging sacred site in illegal drilling near Katherine
Vista Gold fined $160,000 for damaging sacred site in illegal drilling near Katherine

ABC News

time14-05-2025

  • Business
  • ABC News

Vista Gold fined $160,000 for damaging sacred site in illegal drilling near Katherine

A Canadian gold-mining company has been fined $160,000 for carrying out illegal exploration drilling at an Aboriginal sacred site near the Northern Territory town of Katherine. Vista Gold Australia Pty Ltd pleaded guilty to breaching the NT's sacred sites laws in the Darwin Local Court last month, after the company's own press release tipped authorities off to the illegal works. Vista Gold operates the Mount Todd Gold Project on Jawoyn country outside of Katherine, 300 kilometres south-east of Darwin, which is estimated to hold about 10 million ounces of gold. The court heard that in 2022, Vista Gold announced to its shareholders that it had successfully explored deposits at its Mount Todd operations, providing maps and coordinates for 26 drilling holes. The following year the NT's Aboriginal Areas Protection Authority (AAPA) discovered 12 of those holes, from which core samples were taken, were within the boundaries of a sacred site near Yinbarrie Hills. AAPA inspections of the site in 2024 found grass and vegetation had been cleared, drill pads levelled and excavated material deposited. In fining Vista Gold on Wednesday, Acting Judge Steven Ledek said the company's breach had "everything to do with the price of gold". "This is nothing more than a mercenary exercise, where they had been looking and looking for what they believed was there, but unfortunately found it to be under a restricted works area," he said. Despite describing the works as "invasive and ground-disturbing", Acting Judge Ledek said the $160,000 fine was "insignificant" compared to the company's projected profit from the site. He said the Mount Todd site was a "flagship asset" for Vista Gold, from which he calculated the company could earn more than $500 million. "All present market indicators suggest the only way is up," Acting Judge Ledek said. He said while the Jawoyn Association had "some" understanding of the unlawful works, the organisation did not raise any objections or submit any evidence to the case against Vista Gold. "The Jawoyn were not called in these proceedings, they have not prepared a victim impact statement, and I have no information … as to loss or harm that has been suffered by the Jawoyn Association," he said. "In fact what I have is an uncontroverted dissertation of all of the things Vista Gold has done for the people of the Jawoyn and Banjarn Associations." In a statement, AAPA chair Bobby Nunggumajbarr said he welcomed the court's decision. "Vista Gold's Mount Todd mine site is located on Aboriginal freehold land which is managed by the Barnjarn Aboriginal Corporation and the Jawoyn Association," he said. 'While Vista Gold may have met with members of these groups, [AAPA] ensures custodians are consulted properly and widely about the impacts of proposed work." Mr Nunggumajbarr said Vista Gold had "accepted they did the wrong thing." "We look forward to working with Vista Gold to keep the sacred sites near the Mount Todd gold mine safe," he said.

Sacred Aboriginal site defaced with graffiti - sparking a manhunt for the 'entitled' vandals in outback town
Sacred Aboriginal site defaced with graffiti - sparking a manhunt for the 'entitled' vandals in outback town

Daily Mail​

time13-05-2025

  • Daily Mail​

Sacred Aboriginal site defaced with graffiti - sparking a manhunt for the 'entitled' vandals in outback town

A sacred Indigenous site symbolic of a special meeting place for women has been defaced, sparking a manhunt in Victoria's King Valley. The rock face is part of a 31metre-high waterfall at Paradise Falls, located about 300km northeast of Melbourne in Victoria's alpine region. Police were alerted to the incident on Monday and have launched an investigation. Photos of the graffiti were shared by advocacy group Always Was, Always Will Be, Bpangerang Country alongside a strongly-worded statement. 'Some absolutely thoughtless, knuckle-dragging, entitled grubs decided Paradise Falls in the King Valley was the appropriate place to leave their amateur and unremarkable tag,' the post read. 'Paradise Falls is a sacred women's place and much loved by all that visit. If you know who this tag belongs to, let them know they need to return and clean up their mess. 'They've got some nasty, nasty juju coming their way for this disrespectful vandalism. Ancestors know who they are, ain't no hiding from what's coming.' The group's Facebook page states that it campaigns for 'Bpangerang tribal lands [to be] re-instated on the Indigenous Map of Australia and corrected signage throughout North East Victorian National Parks.' The post was met with severe backlash. 'Abhorrent behavior destructive disrespectful, this scared place has been here for thousands of years the people who desecrated it will be gone in a whisper of time,' one person wrote. 'This makes me so so angry. Why? Why would someone do this? Need to do more than just clean it up. Absolutely disrespectful' another said. Victoria Police confirmed the investigation is ongoing in a statement. 'At this stage of the investigation, it is not believed that the incident is targeted,' a spokesperson told Daily Mail Australia on Tuesday. Paradise Falls is a popular tourist spot, and is part of the Falls Walking Track, a 7km return trip that leads hikers up to McMillan's Track Lookout. Daily Mail Australia has contacted Always Was, Always Will Be, Bpangerang Country for further comment.

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