3 groups argue in Phoenix court to prevent Oak Flat land transfer to copper mining company

PHOENIX — Environmental activists in Arizona have taken a step forward in their efforts to stop the federal government from transferring Oak Flat, a sacred Apache site, to a private company for copper mining.

“There is an injunction in place right now that the Ninth Circuit imposed until it could hear the appeal,” Mark Fink, a senior attorney with the Center for Biological Diversity, told KTAR News 92.3 FM on Wednesday. “So now we’re asking them to extend that current injunction to last throughout the entirety of the case.”

The Center is part of the Arizona Mining Reform Coalition, which is one of the plaintiffs in three separate lawsuits seeking to stop the U.S. Forest Service from giving Oak Flat to Resolution Copper, a British‑Australian mining company.

Those cases went before the court for arguments on Wednesday.

“There’s three consolidated appeals. Ours is one. There’s one by the San Carlos Apache tribe, and then there’s a third by Apache women,” Fink said. “There’s the three-judge panel. They heard all the appeals, took it under advisement and a decision will be coming.”

Copper company says project is vital for Arizona economy

Resolution Copper said its upcoming mine is vital to securing Arizona’s energy future, infrastructure needs and national defense because it will bolster the nation’s domestic supply of copper and other critical minerals.

“We are encouraged by the significant community support for the project, which has the potential to become one of the largest copper mines in America, add $1 billion a year to Arizona’s economy, and create thousands of local jobs in a region where mining has played an important role for more than a century,” according to a statement the company shared with KTAR News 92.3 FM.

“More than a decade of extensive consultation and collaboration with Native American Tribes and local communities has directly led to major changes to the mining plan to preserve and reduce potential impacts on Tribal, social and cultural interests, and this ongoing dialogue will continue to shape the project.”

Why are groups suing over Oak Flat land transfer?

Fink said plaintiffs are seeking to pause the transfer of over 2,400 acres of federal public lands while several lawsuits challenging it move through the courts.

The valuable copper deposits are at least 5,000 feet below the surface of the land, which the San Carlos Apache people and other Native American tribes have used for religious ceremonies for centuries, according to The Associated Press.

The Center for Biological Diversity said the copper mining project would:

• Threaten species like ocelots and Arizona hedgehog cacti.
• Pump massive amounts of groundwater, thus depleting surface waters.
• Leave a 2-mile-wide and 1,000-foot-deep crater in order to excavate the copper ore.

Now, it’s up to the judges to decide whether the August 2025 injunction blocking the land exchange will remain in place.

Fink isn’t sure when the judges will make their final decisions.

“It could be a week. It could be months,” Fink said. “Nobody knows.”

KTAR News 92.3 FM’s Heidi Hommel and The Associated Press contributed to this report.

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