Chamber Business NewsA federal appeals court has left in place a ruling allowing the land exchange tied to the Resolution Copper project to move forward, rejecting a request to reconsider the case.
The Sept. 29 decision means the Ninth Circuit will not rehear the case after a three-judge panel earlier this year declined to block the exchange.
The case is part of the long-running legal fight over the proposed Resolution Copper mine in eastern Arizona.
The project would develop one of the largest untapped copper deposits in the country. Resolution Copper says the mine could eventually supply up to 25% of U.S. copper demand and support about 3,700 direct and indirect jobs at full production. The company estimates the project could generate up to $61 billion in economic value for Arizona over its operating life.
Resolution Copper has been in development for more than two decades, with the project moving through federal environmental review, permitting and litigation over the land exchange. The proposed underground mine near Superior is a joint venture between Rio Tinto and BHP.
Congress authorized the land exchange needed for the project, which involves federal land in the Tonto National Forest. Opponents have challenged the exchange on environmental and religious-freedom grounds, including concerns over Oak Flat, a site sacred to the Western Apache.
After a three-judge panel declined to block the exchange, opponents asked the Ninth Circuit to reconsider the case. The request failed to win enough support from the court’s active judges.
Several judges disagreed with that decision. In dissents accompanying the order, they argued that the court should reconsider how federal religious-freedom law applies to the land exchange and its effects on religious practices at Oak Flat.
Supporters of the project, meanwhile, have argued that its lengthy review and litigation history underscores the need for legal certainty and a clear path forward.
The Arizona Chamber of Commerce & Industry participated in the underlying appeal as an amicus curiae, or friend of the court.
“This is a significant decision for Resolution Copper and for the broader principle that major projects cannot remain tied up in litigation indefinitely,” said Mike Bailey, general counsel for the Arizona Chamber of Commerce & Industry. “This project has been through years of federal review, permitting and court challenges. The Ninth Circuit has now declined another request to revisit the case, and that kind of legal certainty matters when companies are making multibillion-dollar investment decisions that support thousands of jobs and strengthen domestic supply chains.”
The Sept. 29 order does not necessarily end the litigation, but it closes the door on rehearing the case before the Ninth Circuit. The earlier ruling allowing the land exchange to proceed remains in effect.
Photo courtesy of Resolution Copper.
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