Washington (AP) –
THE Supreme Court Tuesday rejected a call from the Apaches who are fighting to interrupt a huge mining project in copper on Federal land in Arizona that they remain sacred.
The judges have left in place of the lower justice decisions allowing the transfer of land of the national forest of Tonto, known as Oak Flat, to resolve copper, which plans to exploit what it says is the second largest copper deposit known in the world.
The Trump administration said she was going to put pressure on the transfer.
Judge Neil Gorsuch wrote in dissent that it was a “serious error” not to take the appeal.
“Recognizing the importance of Oak Flat, the government has long protected the earth and access to the Apaches,” wrote Gorsuch, joined by Judge Clarence Thomas. “More. Now. Government and a mining conglomerate want to transform oak flat into a massive hole in the ground.”
A group known as Apache Strongolh, representing the interests of certain members of the Apache tribe of San Carlos, argued that land transfer will result in the destruction of the site in violation of the religious rights of its members.
The Apache in Arizona tribes consider the flat oak, which is dotted with ancient oak groves and traditional plants, essential to their spiritual well-being.
According to the US Forest Service, around 40 billion pounds of copper could be extracted during the lifespan of the mine.
The project has significant support in superior and other traditional mining cities in the region. The company estimates that the mine will generate $ 1 billion a year for the economy of Arizona and will create thousands of local jobs.
Resolution Copper is a subsidiary of international mining giants Rio Tinto and BHP.
Justice Samuel Alito did not participate in the case, probably because he has between $ 15,000 and $ 50,000 in BHP shares, according to his last financial disclosure.
The congress approved an exchange of land in 2014 which would give the resolution of copper of 3.75 square miles (9.71 square kilometers) of forest land in exchange for eight plots which it has in Arizona.
In the decreasing days of the first Trump administration, the American agriculture department published the required environmental examination which would allow the exchange of land to continue.
Apache Stronghold continued the Federal Court to block it. With the change of administration to President Joe Biden, the Department of Agriculture, which includes the forest service, removed the review To consult the Native American tribes more.
But the prosecution took place and a year ago, the Federal Court of Appeal of San Francisco divided 6-5 to allow the transfer of land to move forward, rejecting the arguments of Apache on religious freedom and its invocation of a treaty of 1852 between the American government and the Apaches.
The five dissident judges described the result as a tragic error which would lead to “total destruction” of the sacred site.
The forest service has already provided the advice of 60 days which it intends to reissue the environmental examination, as required by an order of the court.
