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U.S. Supreme Court Rejects Apache Appeal Against Rio Tinto’s Arizona Copper Mine

The U.S. Supreme Court has declined to hear an appeal by Apache Stronghold, a coalition of San Carlos Apache tribe members and environmental advocates, aimed at halting development of the Resolution Copper mine in Arizona. The proposed mine, a joint venture between Rio Tinto (55%) and BHP (45%), could supply up to 25% of the United States’ domestic copper demand.

Apache Stronghold had sought to overturn a 2024 lower court ruling that upheld a federally approved land swap enabling the mining companies to acquire Oak Flat—a site sacred to the Apache people—for the project. The group argued that the mine would irreparably damage the Chi’chil Biłdagoteel, a site central to Apache spiritual and ceremonial traditions, including rites of passage for young women.

The land exchange was authorized under a 2014 defense bill signed by President Barack Obama, allowing Rio Tinto and BHP to trade private lands for the federally owned Oak Flat area, located about 70 miles east of Phoenix. The project has faced legal and political pushback ever since.

Earlier this month, a federal judge issued a temporary stay on the land transfer pending the Supreme Court’s decision. With the court now refusing to take the case, that stay is likely to be lifted, potentially clearing the way for the controversial swap to proceed.

Apache Stronghold also claims the mine violates an 1852 treaty in which the U.S. government pledged to protect Apache lands and safeguard the tribe’s “permanent prosperity and happiness.”

The development of the Resolution Copper mine has already seen more than $2 billion in investment and is projected to become the largest copper mine in North America. The deposit ranks as the third-largest known copper resource in the world.

The future of the project now hinges on the reissuance of an environmental impact statement. Originally published during the final days of the Trump administration in January 2021, the statement was later withdrawn by the Biden administration in March of that year, delaying the land exchange. The U.S. Forest Service is expected to release a revised report as early as June 16.

Copper Strategy and Global Ambitions

Rio Tinto is aggressively expanding its copper operations to meet rising global demand for the critical metal, widely used in electric vehicles, renewable energy systems, and infrastructure.

Key projects include the Oyu Tolgoi mine in Mongolia, which began underground production in 2023 and is set to become the world’s fourth-largest copper mine by 2030. In Peru, Rio is partnering with Codelco and First Quantum Minerals to advance the massive La Granja copper deposit.

The company is also exploring lower-impact technologies such as Nuton, a bioleaching process developed with Arizona Sonoran Copper (TSX: ASCU), to extract copper from tailings and low-grade ores—part of a broader shift toward more sustainable production.

With political winds potentially shifting in Washington ahead of the 2024 U.S. presidential election, Rio Tinto is betting that a future Trump administration could accelerate approvals for the Resolution Copper project.

If successful, the mine would represent a major milestone in America’s effort to secure domestic supplies of critical minerals—though it continues to spark fierce debate over environmental justice, Indigenous rights, and the balance between resource development and cultural preservation.

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