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Ninth Circuit Blocks Oak Flat Land Exchange with Emergency Injunction
By Apache Stronghold, Censored News, Aug. 18, 2025
This afternoon, we received notification that a federal judge is stopping the Oak Flat land exchange from transferring sacred land to a megamining corporation. This sixty-day emergency injunction will allow the court time to review several of the ongoing lawsuits challenging Resolution Copper from destroying this land forever.
Please join us tomorrow, August 19, 2025 at sunset (approximately 6:15 p.m.) Wendsler Nosie Sr. will be walking to Gaan Canyon at Oak Flat to pray. Everyone is welcome to join this spiritual gathering. We know all of our continued prayers are bringing the protection we need for this holy place. We will prevail in our pursuit to protect Mother Earth.
Federal Appeals Court Blocks Oak Flat Land Exchange in Arizona
Coalition statement
PHOENIX— The 9th U.S. Circuit Court of Appeals issued an emergency injunction today blocking the Trump administration from handing Oak Flat over to a private mining company while three lawsuits challenging the land exchange proceed. Without the injunction, the public lands about 40 miles east of Phoenix were expected to be transferred Tuesday to Resolution Copper, a subsidiary of multinational mining companies Rio Tinto and BHP.
“Everyone who loves Oak Flat and who’s been fighting for years to save it can exhale for now,” said Russ McSpadden, Southwest conservation advocate at the Center for Biological Diversity. “The battle over this extraordinary place is far from over. I’m grateful the lawsuits challenging this terrible mine will be heard and I’m hopeful the courts will protect Oak Flat for future generations.”
In June U.S. District Judge Dominic W. Lanza paused the land exchange for 60 days while two lawsuits proceeded. On Friday the judge rejected a request to extend that hold, clearing the way for the exchange to be executed Aug. 19. Conservation and recreation groups, the Inter Tribal Association of Arizona, and the San Carlos Apache Tribe, which filed separate lawsuits challenging the land transfer, filed appeals hours later. Another lawsuit filed last month on behalf of Apache women and girls also sought an emergency appeal.
sandy “We’re thankful that the court has paused this ill-conceived land exchange that would result in the destruction of Oak Flat and all that makes it special,” said Sandy Bahr, director of Sierra Club’s Grand Canyon Chapter. “This gives us some needed time to continue our work to save this special place — to protect the lands, waters and wildlife of the area.”
The Trump administration wants to transfer more than 2,400 acres of federal public lands to Resolution Copper to facilitate construction of a massive copper mine. The mine would permanently destroy Oak Flat, a sacred site of tremendous spiritual importance to the San Carlos Apache Tribe and other Tribes in the region.
“The appeals court rightly understood the important issues at stake,” said Roger Flynn, attorney for the groups challenging the land exchange and mine. “There is too much at stake to rush forward with this ill-advised give-away of our priceless public lands.”
“Tribes have been on these lands now called Arizona since time immemorial. Over the decades, we have strived to successfully provide for the health and welfare of our people while maintaining our status as sovereign nations,” said Maria Dadgar, executive director of the Inter Tribal Association of Arizona. “We believe that the health of our people correlates with the health of the land, the water and the environment that surrounds us. We are hopeful with the news from the 9th Circuit Court of Appeals and welcome the opportunity to make our case for the continued protection of Oak Flat.”
The federal lands to be exchanged, including Oak Flat, are also home to endangered and threatened species like ocelots and Arizona hedgehog cacti. They provide invaluable recreational and ecological benefits.
“The climbing community stands with the San Carlos Apache Tribe and our partners in the conservation community to protect Oak Flat, a sacred land that boasts invaluable natural, cultural and recreational resources,” said Erik Murdock, deputy director of Access Fund. “We appreciate the 9th Circuit’s decision to temporarily halt the ill-conceived land exchange and will continue to oppose handing over public lands to a foreign mining company at the expense of the environment and the overwhelming interests of all Americans. We cannot let the Oak Flat land exchange set a precedent for our public lands.”
Resolution intends to cave in Oak Flat’s rolling hills, leaving a crater up to two miles wide and 1,000 feet deep, using a new technique to excavate ore 7,000 feet underground. Massive amounts of groundwater would be pumped, depleting surface waters, obliterating sacred land, and threatening water availability across the region. Material removed from the mine would also spread toxic waste across thousands of acres of public land.
“We’re gratified that the transfer of federal land at Oak Flat has been delayed,” said Curt Shannon, interim director of the Arizona Mining Reform Coalition. “There are many issues involving this land exchange that have not yet been adequately resolved.”
The conservation groups and the Inter Tribal Association of Arizona, Inc., are represented by attorneys with the Western Mining Action Project, the Center for Biological Diversity, and Montgomery & Interpreter, PLC.
This afternoon, we received notification that a federal judge is stopping the Oak Flat land exchange from transferring sacred land to a megamining corporation. This sixty-day emergency injunction will allow the court time to review several of the ongoing lawsuits challenging Resolution Copper from destroying this land forever.
Please join us tomorrow, August 19, 2025 at sunset (approximately 6:15 p.m.) Wendsler Nosie Sr. will be walking to Gaan Canyon at Oak Flat to pray. Everyone is welcome to join this spiritual gathering. We know all of our continued prayers are bringing the protection we need for this holy place. We will prevail in our pursuit to protect Mother Earth.
Federal Appeals Court Blocks Oak Flat Land Exchange in Arizona
Coalition statement
PHOENIX— The 9th U.S. Circuit Court of Appeals issued an emergency injunction today blocking the Trump administration from handing Oak Flat over to a private mining company while three lawsuits challenging the land exchange proceed. Without the injunction, the public lands about 40 miles east of Phoenix were expected to be transferred Tuesday to Resolution Copper, a subsidiary of multinational mining companies Rio Tinto and BHP.
“Everyone who loves Oak Flat and who’s been fighting for years to save it can exhale for now,” said Russ McSpadden, Southwest conservation advocate at the Center for Biological Diversity. “The battle over this extraordinary place is far from over. I’m grateful the lawsuits challenging this terrible mine will be heard and I’m hopeful the courts will protect Oak Flat for future generations.”
In June U.S. District Judge Dominic W. Lanza paused the land exchange for 60 days while two lawsuits proceeded. On Friday the judge rejected a request to extend that hold, clearing the way for the exchange to be executed Aug. 19. Conservation and recreation groups, the Inter Tribal Association of Arizona, and the San Carlos Apache Tribe, which filed separate lawsuits challenging the land transfer, filed appeals hours later. Another lawsuit filed last month on behalf of Apache women and girls also sought an emergency appeal.
sandy “We’re thankful that the court has paused this ill-conceived land exchange that would result in the destruction of Oak Flat and all that makes it special,” said Sandy Bahr, director of Sierra Club’s Grand Canyon Chapter. “This gives us some needed time to continue our work to save this special place — to protect the lands, waters and wildlife of the area.”
The Trump administration wants to transfer more than 2,400 acres of federal public lands to Resolution Copper to facilitate construction of a massive copper mine. The mine would permanently destroy Oak Flat, a sacred site of tremendous spiritual importance to the San Carlos Apache Tribe and other Tribes in the region.
“The appeals court rightly understood the important issues at stake,” said Roger Flynn, attorney for the groups challenging the land exchange and mine. “There is too much at stake to rush forward with this ill-advised give-away of our priceless public lands.”
“Tribes have been on these lands now called Arizona since time immemorial. Over the decades, we have strived to successfully provide for the health and welfare of our people while maintaining our status as sovereign nations,” said Maria Dadgar, executive director of the Inter Tribal Association of Arizona. “We believe that the health of our people correlates with the health of the land, the water and the environment that surrounds us. We are hopeful with the news from the 9th Circuit Court of Appeals and welcome the opportunity to make our case for the continued protection of Oak Flat.”
The federal lands to be exchanged, including Oak Flat, are also home to endangered and threatened species like ocelots and Arizona hedgehog cacti. They provide invaluable recreational and ecological benefits.
“The climbing community stands with the San Carlos Apache Tribe and our partners in the conservation community to protect Oak Flat, a sacred land that boasts invaluable natural, cultural and recreational resources,” said Erik Murdock, deputy director of Access Fund. “We appreciate the 9th Circuit’s decision to temporarily halt the ill-conceived land exchange and will continue to oppose handing over public lands to a foreign mining company at the expense of the environment and the overwhelming interests of all Americans. We cannot let the Oak Flat land exchange set a precedent for our public lands.”
Resolution intends to cave in Oak Flat’s rolling hills, leaving a crater up to two miles wide and 1,000 feet deep, using a new technique to excavate ore 7,000 feet underground. Massive amounts of groundwater would be pumped, depleting surface waters, obliterating sacred land, and threatening water availability across the region. Material removed from the mine would also spread toxic waste across thousands of acres of public land.
“We’re gratified that the transfer of federal land at Oak Flat has been delayed,” said Curt Shannon, interim director of the Arizona Mining Reform Coalition. “There are many issues involving this land exchange that have not yet been adequately resolved.”
The conservation groups and the Inter Tribal Association of Arizona, Inc., are represented by attorneys with the Western Mining Action Project, the Center for Biological Diversity, and Montgomery & Interpreter, PLC.
Contact:
Russ McSpadden, Center for Biological Diversity, (928) 310-6713, rmcspadden@biologicaldiversity.org
Sandy Bahr, Sierra Club - Grand Canyon Chapter, (602) 999-5790, sandy.bahr@sierraclub.org
Maria Dadgar, Inter Tribal Association of Arizona, (602) 258-4822
Curt Shannon, Arizona Mining Reform Coalition, (480) 652-5547, curt@azminingreform.org
Erik Murdock, Access Fund, (720) 588-3512, erik@accessfund.org
Aaron Mintzes, Earthworks, (919) 302-6393, amintzes@earthworks.org
Russ McSpadden, Center for Biological Diversity, (928) 310-6713, rmcspadden@biologicaldiversity.org
Sandy Bahr, Sierra Club - Grand Canyon Chapter, (602) 999-5790, sandy.bahr@sierraclub.org
Maria Dadgar, Inter Tribal Association of Arizona, (602) 258-4822
Curt Shannon, Arizona Mining Reform Coalition, (480) 652-5547, curt@azminingreform.org
Erik Murdock, Access Fund, (720) 588-3512, erik@accessfund.org
Aaron Mintzes, Earthworks, (919) 302-6393, amintzes@earthworks.org
4 comments:
When the Homestake Mine folded after more than a century of enriching themselves, they merged with the Canadian mining company, Barrick Gold. When you think of Barrick Gold digging now out in Nevada, think "American share holders" . Also realize that they pay no royalties to the federal government. American mining law is based on the Doctrine of Discovery principle. It is offshore tax evasion on steroids.
The Chinese company, Ganfeng once held a stake at Thacker Pass which caused Lithium Americas to split into Lithium Americas (Argentina} and Lithium Americas (U.S.). So it is a literal shell game of shell companies.
When Robert F. Kennedy (Sr.) ran for president in 1968, he said,
"I have seen Indians living on their bare and meager reservations, with no jobs, with an unemployment rate of 80 percent, and with so little hope for the future, so little hope for the future that for young people, for young men and women in their teens, the greatest cause of death amongst them is suicide." He ended his speech at the University of Kansas by quoting George Bernard Shaw, "Some people see things as they are and say why? I dream things that never were and say, why not?"
With that in mind I Ask , why can't we have a piece of the pie seeing as how, it is after all, our pie?
The Homestake Mine was listed on the New York Stock Exchange by George Hearst in 1879 and would remain there until about 2002. It was the longest listed stock in NYSE history. Hearst probably did this because he knew the gold was on the Great Sioux Nation.
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