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Judge to rule on land transfer by May 14

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Apache Stronghold opposes mine on religious grounds

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Rio Tinto sees project as crucial for energy transition

By Ernest Scheyder

May 7 (Reuters) - A U.S. federal judge said he will rule

by May 14 on whether to block the Trump administration from

transferring Arizona land to Rio Tinto and BHP

to build a major copper mine opposed by Native Americans.

The long-running and complex legal case pits the religious

rights of Arizona's San Carlos Apache people against rising

demand for copper for the energy transition and the geopolitics

of China's wide control over the critical minerals industry.

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.

Rio and BHP's Resolution Copper 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.

U.S. District Judge Steven Logan, who ruled in favor of the

land transfer in 2021, held a nearly two-hour hearing on

Wednesday to consider a fresh request that he block the land

transfer temporarily while the U.S. Supreme Court deliberates.

Logan, an appointee of former U.S. President Barack Obama,

gave little indication as to how he would rule in the week

promised but asked pointed questions about what harm the Apache

could endure if the transfer were to occur before the Supreme

Court rules.

He also asked for data on Rio's maintenance costs for

existing Resolution assets, which a Rio executive estimated at

$11 million a month.

Since 2021, courts have rejected a request by Apache

Stronghold - a nonprofit group that includes the Apache and

others - to block the land transfer needed for the mine. The

rulings deferred to a 2014 decision made by the U.S. Congress

and then-President 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.

The U.S. Justice Department, which has opposed the Apaches'

request under both Biden and Trump, argued that Logan should

stick with his 2021 ruling.

"There is no basis for this court to issue a different

result here," said Erika Danielle Norman, a Justice Department

attorney.

Apache Stronghold and their attorneys with the Becket Fund

for Religious Liberty said they were encouraged by the

hearing.

"All the Apaches are asking for is to put that land transfer

on hold while the Supreme Court deliberates," said Becket's

Joseph Davis.

Rio Tinto said it appreciated the court's time and that

Resolution is "vital to securing America's energy future,

infrastructure needs, and national defense."

BHP, which owns 45% of the project to Rio's 55%, did not

immediately respond to a request for comment.