Sept 11 (Reuters) - A Native American group on Wednesday
asked the U.S. Supreme Court to block Rio Tinto and BHP
from gaining access to Arizona land needed to build one
of the world's largest copper mines, a last-ditch legal move in
a long-running case pitting religious rights against the energy
transition.
Apache Stronghold, a nonprofit group comprised of Arizona's
San Carlos Apache tribe and conservationists, asked the court to
overturn a March ruling from a sharply divided San
Francisco-based 9th U.S. Circuit Court of Appeals allowing the
federal government to swap acreage with the mining companies for
their Resolution Copper project.
The appeal to the nine justices was delivered in person
by a courier after the Apache held a ceremony of prayer and
dancing on the court's steps in Washington, the culmination of a
months-long caravan from their Arizona reservation to the
capital.
At least four justices would need to agree to hear the
appeal, in which Apache Stronghold and their attorneys at the
Becket Fund for Religious Liberty contend the government would
be violating the First Amendment's guarantee of freedom of
religion if the mine is developed.
If the court agrees to hear the case, it could hold oral
arguments in its term which begins next month and potentially
issue a decision by next June.
The dispute centers on the federally owned Oak Flat
Campground, known as Chi'chil Biłdagoteel in the Apache language
and where many Apache worship their deities. The site sits atop
a reserve of more than 40 billion pounds
(18.1 million metric tons)
of copper, a crucial component of electric vehicles and
nearly every electronic device.
If a mine is built, it would create a crater 2 miles
(3 km)
wide and 1,000 feet
(304 m)
deep that would destroy that worship site.
In 2014, Congress and then-President Barack Obama
approved a complex deal to give Rio Tinto the land. President
Joe Biden
froze the land swap
after assuming office in 2021.
The U.S. Department of Justice, controlled by Biden, has
argued in court that the government has the right to give away
its land to whomever it chooses, regardless of the religious
implications.
"That legal argument is astonishingly broad and harmful
to Native Americans and people of all faiths," said Luke
Goodrich, a Becket attorney who is leading the appeal.
Rio Tinto said the case "does not present any question
worthy of Supreme Court review" given the 9th Circuit's ruling,
which it supported.
"This case is about the government's right to pursue
national interests with its own land, an unremarkable and
longstanding proposition that the Supreme Court and other courts
have consistently reaffirmed," said a Rio Tinto spokesperson.
BHP, which owns 45% of the project to Rio Tinto's 55%,
declined to comment.
Both companies have spent more than $2 billion on the
project without producing any copper.
The date of the appeal was due to a fluke of the court's
calendar and not meant to coincide with the anniversary of the
Sept. 11 attacks, attorneys said.
Still, the date does coincide with the four-year
anniversary of when
Rio Tinto fired its former CEO
for inadequate consultation with Indigenous groups in
Australia.