Trump intends to challenge the halted land transfer encompassing a significant Indigenous sacrificial site once more.
In a recent development, the 9th U.S. Circuit Court of Appeals has temporarily blocked a federal land transfer to Resolution Copper, a move that could potentially halt the construction of a controversial copper mine at Oak Flat, located within the Tonto National Forest and listed on the National Register of Historic Places.
The proposed mine has been a subject of intense debate, with the San Carlos Apache Tribe, led by Terry Rambler, accusing foreign-owned mining interests, including China, of misleading President Trump regarding the project. Rambler has expressed his willingness to provide factual information to the administration to protect American interests.
The mine's construction has been a central point of contention due to its potential impact on Oak Flat, a site considered sacred by Indigenous peoples. Wendsler Nosie Sr. of Apache Stronghold, a group supporting the tribe, describes the proposed destruction of Oak Flat as a moral issue, not a partisan one, and one that threatens religious freedom and the environment.
The legal case against the land transfer to the Resolution Copper mine is represented by the organization Save the Oak Flat Campaign. The case has received support from religious groups such as the U.S. Conference of Catholic Bishops, the Knights of Columbus, and Notre Dame Law School's Lindsay and Matt Moroun Religious Liberty Clinic. Several of these groups argue that the case has implications for the scope of the Religious Freedom Restoration Act.
The land transfer was authorized by Congress in December 2014, lifting a mining ban on Oak Flat. However, the court's ruling has cast doubt on the future of the project. A spokesperson for Resolution Copper expressed confidence that the court of appeals will ultimately affirm the district court's orders.
Trump's administration continues to pursue the land transfer, with the President writing on his website on August 19 that 3,800 jobs are affected by the delay and that the U.S. needs copper. An environmental impact report for the project estimated that mining the site would result in a crater nearly 2 miles in diameter and about 800 to 1,000 feet deep.
The U.S. Supreme Court rejected an appeal from a coalition of Western Apache people and others in May, arguing the destruction of Oak Flat would place a substantial burden on their religious practice. Lower courts are accused by some supporters of improperly narrowing the interpretation of the Religious Freedom Restoration Act in the Oak Flat case.
Follow Kate Scanlon, our national reporter covering Washington, for updates on this developing story. Scanlon can be found on Twitter at X @kgscanlon.
As the legal battle continues, both sides remain committed to their positions, promising a potentially lengthy and complex resolution to this contentious issue.
