US judge to rule by May 14 on Rio Tinto copper project

The long-running and complex legal case pits the religious rights of Arizona’s San Carlos Apache people against rising demand for copper for the energy transition and the geopolitics of China’s wide control over the critical minerals industry.

The dispute centers on the federally owned Oak Flat Campground where many Apache worship their deities. The site sits atop a reserve of more than 40 billion pounds (18.1 million metric tons) of copper, a crucial component of electric vehicles and nearly every electronic device.

Rio and BHP’s Resolution Copper project would, if built, cause a crater 2 miles (3 km) wide and 1,000 feet (304 m) deep that would slowly engulf that worship site.

US District Judge Steven Logan, who ruled in favor of the land transfer in 2021, held a nearly two-hour hearing on Wednesday to consider a fresh request that he block the land transfer temporarily while the US Supreme Court deliberates.

Logan, an appointee of former US President Barack Obama, gave little indication as to how he would rule in the week promised but asked pointed questions about what harm the Apache could endure if the transfer were to occur before the Supreme Court rules.

He also asked for data on Rio’s maintenance costs for existing Resolution assets, which a Rio executive estimated at $11 million a month.

Since 2021, courts have rejected a request by Apache Stronghold – a nonprofit group that includes the Apache and others – to block the land transfer needed for the mine. The rulings deferred to a 2014 decision made by the US Congress and then-President Obama.

President Donald Trump started the land transfer in his first term, a move undone by successor Joe Biden while the issue wound its way through courts.

The US Supreme Court is now considering whether to take the case. The Supreme Court has said at least 13 times it will continue to deliberate on the appeal request, an unusually long time frame.

Meanwhile, Trump last month restarted the land transfer process, with his administration aiming to complete it as soon as June 16.

The US Justice Department, which has opposed the Apaches’ request under both Biden and Trump, argued that Logan should stick with his 2021 ruling.

“There is no basis for this court to issue a different result here,” said Erika Danielle Norman, a Justice Department attorney.

Apache Stronghold and their attorneys with the Becket Fund for Religious Liberty said they were encouraged by the hearing.

“All the Apaches are asking for is to put that land transfer on hold while the Supreme Court deliberates,” said Becket’s Joseph Davis.

Rio Tinto said it appreciated the court’s time and that Resolution is “vital to securing America’s energy future, infrastructure needs, and national defense.”

BHP, which owns 45% of the project to Rio’s 55%, did not immediately respond to a request for comment.