Guest ContributorThe Arizona Chamber of Commerce & Industry led a coalition of Arizona business organizations in supporting the Resolution Copper project as it advances through the federal appeals process.
In an amicus curiae brief — also known as a “friend of the court” brief — filed with the Ninth Circuit Court of Appeals, the Chamber urged the court to uphold a district court ruling that found the U.S. Forest Service complied with federal law in approving the project. Other signatories include Greater Phoenix Leadership and organizations representing skilled trade workers across Arizona.
The filing comes as the San Carlos Apache tribe and an environmentalist group appeal a trial court decision denying their request to halt the transfer of federal land to Resolution Copper under the 2014 Southeast Arizona Land Exchange and Conservation Act. The plaintiffs contend that the Forest Service’s environmental review under the National Environmental Policy Act, or NEPA, was inadequate.
The business and trades groups counter that the district court correctly applied the law and that recent Supreme Court guidance in Seven County Infrastructure Coalition v. Eagle County requires judges to give “substantial deference” to agency experts on environmental reviews.
“Mining enterprises like Resolution Copper are major components of Arizona’s economy and indispensable engines of jobs, community enrichment, and tax revenues,” the amicus brief states. It argues that overly intrusive court review of agency decisions has stifled critical projects through “bureaucratic inertia and prolonged litigation.”
According to the filing, the Resolution Copper project represents an estimated $350 million in initial investment, supports hundreds of contractor and skilled-trade positions, and advances U.S. efforts to secure a domestic supply of copper — a key material for clean energy and defense technologies.
Arizona produces about 70 percent of the nation’s copper and ranks among the top three states for nonfuel mineral production. The Chamber said the outcome of the case carries broad implications for Arizona’s competitiveness and its ability to attract large-scale projects across the energy and manufacturing sectors.
“This case highlights the importance of clear, consistent environmental review standards,” said Michael Bailey, the Chamber’s general counsel. “When courts and agencies apply the law as Congress intended, projects that meet rigorous standards can move forward —bringing jobs, investment, and long-term economic benefits to Arizona.”
The case, Arizona Mining Reform Coalition et al. v. U.S. Forest Service et al., is currently before the U.S. Court of Appeals for the Ninth Circuit.
Photo courtesy Resolution Copper media center
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