In a contentious move, the U.S. Forest Service has transferred over 2,400 acres of public lands, including the culturally significant Oak Flat, to the mining corporation Resolution Copper. The decision has sparked a legal battle, as the nonprofit Apache Stronghold seeks to reverse the transfer.
Resolution Copper maintains that multiple court rulings have favored their position, stating, “it is time for the meritless litigation to end.” However, Luke Goodrich, a senior counsel at the Becket Fund for Religious Liberty, asserts otherwise.
“This litigation is far from over. It’s really just getting started,” Goodrich said, emphasizing the strong legal grounds the Apache group has to challenge the land exchange.
The 9th U.S. Circuit Court of Appeals recently dismissed one of the final challenges to the land transfer, paving the way for increased drilling activities. However, Apache Stronghold is not backing down, filing a detailed 41-page complaint on Earth Day, seeking to annul the congressionally sanctioned land swap.
According to Goodrich, the lawsuit argues violations of federal laws such as the National Environmental Policy Act (NEPA) and the National Historic Preservation Act (NHPA), alongside an 1852 treaty. The legal team is hopeful that courts might rule the transfer illegal and mandate a restoration of the land.
“The courts — if they find that transfer is unlawful — can unwind the transfer and require the parties restore the land to its pristine state,” Goodrich added. He noted that there remain opportunities to further appeal the matter to higher courts, including potentially the Supreme Court.
Oak Flat, revered by the Apache community, is poised to become one of the globe’s largest copper mining sites. A series by KJZZ’s Gabriel Pietrorazio delves into the historical and cultural significance of the region, airing on 91.5 FM from March 17-21.
