Supreme Court Rejects Appeal, Allows Rio Tinto Mine To Proceed On Tonto Forest Sacred Land

The U.S. Supreme Court on Tuesday rejected an appeal by Apache Stronghold to block the Resolution Copper mine project in Arizona.

The decision allows federal authorities to hand over Oak Flat, a sacred site to the San Carlos Apache tribe, to mining firms Rio Tinto (NYSE:RIO) and BHP (NYSE:BHP).

The site lies within the Tonto National Forest and contains one of the world's largest undeveloped copper deposits.

The Resolution Copper project is a joint venture between Rio Tinto, which holds 55% and operates the mine, and BHP, which owns the remaining 45%.

The companies have invested over $2 billion in the project, which contains nearly 27 million tons, enough to supply up to 25% of the U.S.'s annual copper demand for decades. The mine can potentially become the largest of its kind in North America.

Copper's role in clean energy technology has made it a highly sought-after commodity. With global demand expected to outpace supply, projects like Resolution have garnered interest from industry and government.

However, industrial ambition clashes with longstanding cultural and spiritual Apache values as the mine would create a crater two miles wide and over 1,000 feet deep, destroying the worship site.

Earlier this month, U.S. District Judge Steven Logan issued a temporary injunction halting the land swap pending the Supreme Court's decision. Now that the court has declined to hear the appeal, the U.S. Forest Service is expected to finalize the environmental impact statement and proceed with the transfer by June 16.

Following standard practice, the court's majority did not explain the denial, but two justices dissented.

Justice Neil Gorsuch, joined in dissent by Justice Clarence Thomas, condemned the court's refusal to intervene. "Faced with the government's plan to destroy an ancient site of tribal worship, we owe the Apaches no less," Gorsuch wrote, per the Washington Post.

"They may live far from Washington, D.C., and their history and religious practices may be unfamiliar to many. But that should make no difference," he noted, criticizing the decision as one that could reverberate for generations.

Mila Besich, the Democrat mayor of Superior, Arizona, which lies closest to the project, called the decision a breakthrough. "We've been waiting on this ruling for a very long time," she said. "For Superior and all of Arizona, this project will be an economic boon."

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