The US appeals court has narrowly ruled that the federal government may give away thousands of acres in Arizona to Rio Tinto for the Resolution copper project.
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The 6-5 ruling from the San Francisco-based 9th US Circuit Court of Appeals defers to a 2014 decision made by the US Congress and then-President Barack Obama to give the land to Rio and minority partner BHP for the copper project. The move is the latest blow to the Apache Stronghold, a nonprofit group comprising the San Carlos Apache tribe and others who have long opposed the mine, which would destroy a site where Indigenous ceremonies have been held for generations but would, if developed, supply more than a quarter of US copper demand for the renewable energy transition.
If a mine is built, it would create a crater 2 miles wide and 1,000 feet deep that would destroy that worship site. Three members of the Appeals Court had ruled for Rio and the land swap in 2022. All 11 members of the appeals court then said they would decide the case in what is known as an en banc hearing, held last March., argued. The group intends to appeal to the Supreme Court and feels it has a strong case given how closely divided the appeals court was, Goodrich added.
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