Judge denies Native American request to block study linked to Rio copper mine
A view of the future block cave mine planned by Rio Tinto in the Tonto National Forest near Superior, Arizona.
A US judge on Thursday denied a request by Native Americans to block the Trump administration from publishing an environmental study that would trigger a land swap needed by Rio Tinto to build a copper mine in Arizona.
The ruling is a blow to the San Carlos Apache tribe and others who have long opposed Rio's Resolution copper project, which would be built on land considered sacred.
Rio, which is still studying the project and not expected to make a final investment decision for several years, pledged last year to improve its dealings with First Nations people, after it legally destroyed rock shelters sacred to an Aboriginal group in Western Australia.
US District Judge Steven Logan declined to issue a restraining order that would have prevented the government from publishing the environmental study as planned on Friday, a step that would start a 60-day countdown to transfer the land to Rio Tinto.
Tribal attorneys are required, under legal statute, to discuss the restraining order request with the government, but government attorneys did not return the tribe's phone calls, the filing documents show. Because the two sides did not talk, Logan said he would not approve the restraining order.
The judge added that even if the study is published, it does not necessarily mean the land swap will go through, although the US Congress had mandated just that in 2014. The judge has set a series of hearings on the matter over the next two weeks.
Lawyers for tribal members say they are looking forward to the hearings and hope the judge will invalidate the environmental study, if it is published, or rule the 2014 act by Congress unconstitutional.
As an added defense, tribal members on Thursday filed a property lien on the land, effectively saying the government does not own the land and thus cannot give it away.
The U.S. Forest Service, which manages the land, was not immediately available to comment. Rio declined to comment.
Comments
Press Office
Announcements
What's On
Subscribe to improve your user experience...
Option 1 (equivalent of R125 a month):
Receive a weekly copy of Creamer Media's Engineering News & Mining Weekly magazine
(print copy for those in South Africa and e-magazine for those outside of South Africa)
Receive daily email newsletters
Access to full search results
Access archive of magazine back copies
Access to Projects in Progress
Access to ONE Research Report of your choice in PDF format
Option 2 (equivalent of R375 a month):
All benefits from Option 1
PLUS
Access to Creamer Media's Research Channel Africa for ALL Research Reports, in PDF format, on various industrial and mining sectors
including Electricity; Water; Energy Transition; Hydrogen; Roads, Rail and Ports; Coal; Gold; Platinum; Battery Metals; etc.
Already a subscriber?
Forgotten your password?
Receive weekly copy of Creamer Media's Engineering News & Mining Weekly magazine (print copy for those in South Africa and e-magazine for those outside of South Africa)
➕
Recieve daily email newsletters
➕
Access to full search results
➕
Access archive of magazine back copies
➕
Access to Projects in Progress
➕
Access to ONE Research Report of your choice in PDF format
RESEARCH CHANNEL AFRICA
R4500 (equivalent of R375 a month)
SUBSCRIBEAll benefits from Option 1
➕
Access to Creamer Media's Research Channel Africa for ALL Research Reports on various industrial and mining sectors, in PDF format, including on:
Electricity
➕
Water
➕
Energy Transition
➕
Hydrogen
➕
Roads, Rail and Ports
➕
Coal
➕
Gold
➕
Platinum
➕
Battery Metals
➕
etc.
Receive all benefits from Option 1 or Option 2 delivered to numerous people at your company
➕
Multiple User names and Passwords for simultaneous log-ins
➕
Intranet integration access to all in your organisation