The justices left in place lower court decisions allowing the transfer of the Tonto National Forest land, known as Oak Flat, to Resolution Copper, which plans to mine what it says is the second-largest known copper deposit in the world.
The Trump administration has said it will push to complete the transfer.
A group known as Apache Stronghold, representing the interests of certain members of the San Carlos Apache Tribe, has argued that the land transfer will result in the destruction of the site in violation of its members’ religious rights.
Apache tribes in Arizona consider Oak Flat, which is dotted with ancient oak groves and traditional plants, essential to their spiritual well-being.
An estimated 40 billion pounds of copper could be mined over the lifetime of the mine, according to the U.S. Forest Service.
But the suit proceeded and a year ago, the federal appeals court in San Francisco split 6-5 to allow the land transfer to go forward, rejecting Apache Stronghold’s arguments about religious freedom and its invocation of a 1852 treaty between the U.S. government and the Apaches.
The five dissenting judges described the outcome as a tragic error that would result in “the utter destruction” of the sacred site.
Gosh nothing left to do but let fascism reign I guess
isn’t it kind of insane that even with gorsuch and thomas dissenting and alito recusing himself that they declined to take this case?
would a 4-4 split move forward, or would it need to be 5-3? either way it looks like the dem judges dropped the ball