*
Judge temporarily blocks land transfer, pending Supreme
Court
decision
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Apache Stronghold opposes mine on religious grounds
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Rio Tinto sees project as crucial for energy transition
(Adds details from court's ruling throughout, statements from
parties)
By Ernest Scheyder
May 9 (Reuters) - A U.S. federal judge on Friday
temporarily blocked the Trump administration from transferring
land to Rio Tinto and BHP for a copper mine
opposed by Native Americans, citing the Supreme Court's ongoing
deliberations in the complex case.
The long-running fight over the Resolution Copper
project pits the religious rights of Arizona's San Carlos Apache
people against rising demand for copper for the energy
transition and Washington's drive to expand minerals production.
In an 18-page order, U.S. District Judge Steven Logan
said the Apache Stronghold - a nonprofit group of the Apache and
their allies - is likely to
succeed in its appeal to the Supreme Court
and thus the land transfer should be halted for now.
"It is abundantly clear that the balance of equities
tips sharply in (Apache Stronghold's) favor, and that even in
the short term, they have established a likelihood of
irreparable harm should the transfer proceed," Logan said.
The dispute centers on the federally owned Oak Flat
Campground 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.
The Resolution project would, if built, cause a crater 2
miles (3 km) wide and 1,000 feet (304 m) deep that would slowly
engulf that worship site.
Since 2021, courts have rejected a request by the Apache
to block the transfer. The rulings
deferred to a 2014 decision
made by the U.S. Congress and then-President Barack Obama.
President Donald Trump
started the land transfer
in his first term, a move
undone
by successor Joe Biden while the issue wound its way
through courts.
The U.S. Supreme Court is now considering whether to
take the case. The Supreme Court has said at least 13 times it
will continue to deliberate on the appeal request, an unusually
long time frame.
Meanwhile, Trump last month
restarted the land transfer
process, with his administration aiming to complete it as
soon as June 16, a move that prompted the emergency request to
Logan.
Logan said in his Friday ruling "there is good reason to
anticipate" that the Supreme Court will take the case, adding
that Rio and BHP's promises they would maintain public access to
the land for as long as safely possible "are insufficient," as
they are not legally binding.
Logan swept aside a Rio executive's testimony - made at
a
hearing earlier this week
- of the $2.7 billion spent on Resolution thus far and an
additional $11 million a month on maintenance as the company's
"voluntary choice."
In a statement to Reuters, Rio said it was reviewing the
district court's ruling.
"This short-term order ... changes nothing about the
merits of the legal issues currently before the Supreme Court,"
said a Rio spokesperson.
BHP, which owns 45% of the project to Rio's 55%, did not
immediately respond to a request for comment.
Wendsler Nosie, one of Apache Stronghold's leaders, said he
was "grateful the judge stopped this land grab in its tracks so
that the Supreme Court has time to protect Oak Flat from
destruction."