Ninth Circuit Nixes Mining Opponents' Bid To Block Arizona Copper Land Swap

LitNews.ai Staff · April 8, 2026 · Ninth Circuit

Panel: Circuit Judge Johnnie B. Rawlinson, Circuit Judge Milan D. Smith Jr., Circuit Judge Daniel A. Bress · Opinion by: Circuit Judge Milan D. Smith Jr. · Dissent: Circuit Judge Johnnie B. Rawlinson

Writing for a panel that included Circuit Judge Rawlinson who partially dissented, Circuit Judge Milan D. Smith Jr. on Thursday held that environmental groups and Apache tribes cannot block a congressionally mandated land exchange transferring Oak Flat to Resolution Copper Mining LLC, stating that "Plaintiffs have failed to show a likelihood of success on, or even serious questions regarding, any of their claims."

The consolidated cases involve a contentious land exchange mandated by the Southeast Arizona Land Exchange and Conservation Act, directing the U.S. Forest Service to transfer nearly 2,500 acres of National Forest land, including the sacred Apache site Oak Flat, to Resolution Copper Mining LLC. The company must provide over 5,000 acres of equally appraised land to the federal government in return. Three groups of plaintiffs—the Arizona Mining Reform Coalition, the San Carlos Apache Tribe, and Apache individuals known as the Lopez Plaintiffs—brought claims under multiple federal statutes including NEPA, RFRA, and the Free Exercise Clause.

Circuit Judge Smith rejected all of the plaintiffs' claims, finding the Forest Service's environmental analysis and tribal consultation efforts were adequate under highly deferential Supreme Court precedent. "Under the deferential review the Supreme Court mandated in Seven County, these arguments are unlikely to succeed," Smith wrote regarding the NEPA challenges. The court also ruled that religious liberty claims were foreclosed by the Ninth Circuit's en banc decision in Apache Stronghold v. United States, which held that government property dispositions generally don't trigger strict scrutiny under the Free Exercise Clause or RFRA.

U.S. District Judge Dominic Lanza had previously denied the plaintiffs' preliminary injunction requests in June and August 2025, finding they had not established likelihood of success on their appraisal, NEPA, consultation, or other claims. The Forest Service issued a revised Final Environmental Impact Statement in June 2025 after withdrawing an earlier version to conduct additional tribal consultation. A motions panel had entered an administrative stay in August 2025, which the Ninth Circuit dissolved with Thursday's ruling.

The decision clears the way for one of the largest copper mining projects in U.S. history, though it represents a significant loss for tribal groups who consider Oak Flat sacred ground. Circuit Judge Rawlinson partially dissented, arguing the Forest Service's appraisal report failed to properly value the mineral rights and "did not conform to the requirements of the authorizing statute or this court's precedent." The case highlights ongoing tensions between resource extraction and Native American religious rights on federal lands.

Counsel

Arizona Mining Reform Coalition is represented by Roger Flynn and Jeffrey C. Parsons of Western Mining Action Project, Marc D. Fink and Allison N. Henderson of Center for Biological Diversity, and Susan B. Montgomery of Montgomery & Interpreter PLC.

San Carlos Apache Tribe is represented by Bernardo M. Velasco, Alexander B. Ritchie, Jana L. Sutton, Justine Jimmie, and Laurel Herrmann of San Carlos Apache Tribe Department of Justice, and Colin C. Hampson and Frank S. Holleman IV of Sonosky Chambers Sachse Endreson & Perry LLP.

Lopez Plaintiffs are represented by Miles E. Coleman, Jeffrey A. Wald, and Madeline C. Bergstrom of Nelson Mullins Riley & Scarborough LLP, and Joe P. Sparks of The Sparks Law Firm PC. U.S.

Forest Service is represented by Robert N. Stander, Erika D. Norman, Ezekiel A. Peterson, Thekla Hansen-Young, and Angela Ellis of DOJ Environment and Natural Resources Division.

Resolution Copper Mining LLC is represented by Michael R. Huston, Diane M. Johnsen, Samantha J. Burke, Addison W. Bennett, and Nicholas S. Crown of Perkins Coie LLP, and Christopher D. Thomas, Andrea J. Driggs, Janet M. Howe, and Benjamin A. Longbottom of Holland & Hart LLP.

Case: The cases are Arizona Mining Reform Coalition v. U.S. Forest Service, case numbers 25-5185, 25-5189, and 25-5197, in the U.S. Court of Appeals for the Ninth Circuit.

Court

Ninth Circuit

Case Name

San Carlos Apache Tribe v. United States Forest Service

Docket

25-5189