Resolution Copper

{{Short description|Joint venture by Rio Tinto and BHP for a copper mine in Pinal County, Arizona}}

Resolution Copper (RCM) is a joint venture owned by Rio Tinto and BHP formed to develop and operate an underground copper mine near Superior, Arizona, USA. The project targets a deep-seated porphyry copper deposit located under the now inactive Magma Mine. Rio Tinto has reported an inferred resource of 1.624 billion tonnes containing 1.47 percent copper and 0.037 percent molybdenum at depths exceeding {{convert|1300|m|mi}}.[http://www.riotinto.com/media/5157_7821.asp Resolution Copper Mining LLC reports an Inferred Resource], 29 May 2008 news release {{dead link|date=May 2025}} It sits atop Oak Flat, a land preserve sacred to several Apache Native American tribes in the region. The proposed mine contains one of the largest copper reserves in North America.{{cite web |url=http://resolutioncopper.com/about-us/ |title=History |work=About Us |publisher=Resolution Copper Mining |access-date=December 15, 2014 |url-status=dead |archive-url=https://web.archive.org/web/20141216011519/http://resolutioncopper.com/about-us/ |archive-date=December 16, 2014 }} Following the passage of the 2015 National Defense Authorization Act, Native American and conservation groups opposed the copper mine.{{cite news |title=This land is sacred to the Apache, and they are fighting to save it |url=https://www.washingtonpost.com/history/2021/04/12/oak-flat-apache-sacred-land/ |newspaper=Washington Post |access-date=19 June 2021}}

Overview

Resolution Copper estimates the $64 billion mining project would run over 60 years{{cite news|first=Lee |last=Allen| title=Oak Flat Protesters Plan March on Washington to Protest Apache Land Grab|url=http://indiancountrytodaymedianetwork.com/2015/06/04/oak-flat-protesters-plan-march-washington-protest-apache-land-grab-160610|access-date=18 September 2015|work=Indian Country Today Media Network|date=4 June 2015}} and produce 25% of projected future US copper demand for several decades.

=Investment=

Through 2012 Resolution Copper had invested almost a billion dollars in the Superior project, and planned a $6 billion investment to develop the mine, if the Federal land exchange is approved. Pending approval, the project budget was cut from about $200 million in 2012 to $50 million in 2013.Resolution Copper Mining [http://resolutioncopper.com/wp-content/uploads/2012/12/Community_Letter.pdf "Letter to the community"], November 30, 2012 By early 2023, more than $2 billion had been spent on exploratory work and preparation for the project.{{Cite news |last=Krauss |first=Clifford |last2=Kalifa |first2=Tamir |date=2023-01-27 |title=A Copper Mine Could Advance Green Energy but Scar Sacred Land |language=en-US |work=The New York Times |url=https://www.nytimes.com/2023/01/27/business/energy-environment/copper-mine-arizona.html |access-date=2023-01-27 |issn=0362-4331}}

Resolution Copper also owns the mineral rights acquired from ASARCO to the Superior East deposit which is another deep-seated Porphyry copper deposit within a mile to the east.Bureau of Land Management lead file AMC60069Sell, James D. "Porphyry Copper Deposits of the American Cordillera". "Arizona Geological Society Digest 20" 1995. pp. 373–95.

Project history

{{As of|2008}} the project was stalled pending a proposed land swap with the federal government.Niemuth, Nyal J. "Arizona". Mining Engineering. May 2008. p.71. Resolution Copper has proposed to give the federal government {{convert|5376|acre|km2}} of environmentally sensitive land in Arizona in exchange for the {{convert|2422|acre|km2|adj=on}} oak flat federal parcel,[https://minedocs.com/20/Resolution-EIS-082019.pdf DRAFT Environmental Impact Statement], United States Department of Agriculture, ES-1.6.2 which includes the Oak Flat Campground (protected since 1955) and several outdoor climbing sites including the Mine, Atlantis and the Pond.[https://www.mountainproject.com/area/105788089/queen-creek-canyon], Queen Creek Canyon

In May 2009, Arizona Democratic representative Ann Kirkpatrick introduced legislation in Congress to complete the land swap. The swap then had the support of Arizona's two Republican senators.Kelly, Erin, and Dan Nowicki, Arizona Republic (21 May 2009): [http://www.azcentral.com/news/articles/2009/05/21/20090521landswap0521.html Bill revives land swap for Arizona copper mine], accessed 29 May 2009.

In 2013, the proposed land swap was readdressed when Rep. Paul A. Gosar (R, AZ-4) introduced the Southeast Arizona Land Exchange and Conservation Act of 2013 (H.R. 687; 113th Congress).{{cite web|title=H.R. 687 – Summary|url=http://beta.congress.gov/bill/113th/house-bill/687|publisher=United States Congress|access-date=17 September 2013}} The bill provided that the Apache Leap Cliffs, which rise prominently just east of the town of Superior, remain in federal ownership, and directed the Secretary of the Interior to manage Apache Leap so as to preserve its natural character. The bill required Resolution Copper to surrender any mining rights it has over the Apache Leap cliffs, and deeding 110 acres of private land in the area of cliffs to the federal government.US Congress, [https://www.congress.gov/bill/113th-congress/senate-bill/339/text Senate Bill 339] 20 Nov, 2013.

A rider introduced by John McCain and Jeff Flake in Section 3003 the 2015 National Defense Authorization Act, included the provisions of the stalled Southeast Arizona Land Exchange and Conservation Act. The Act cleared the way for the land swap in which Resolution would receive 2,422 acres of National Forest land in exchange for deeding to the federal government 5,344 acres of private land.{{cite news |url=http://www.indianz.com/News/2014/015978.asp| title=Once Again, The Fight for Religious Freedom in America Begins |newspaper=The Apache Messenger |date=December 22, 2014 |access-date=January 18, 2015}} The mine would impact an area set aside in 1955 by President Dwight D. Eisenhower which is sacred to the San Carlos Apache Indian Tribe. Both the Oak Flat Campground, an area dotted with petroglyphs and historic and prehistoric sites, and the steep cliffs at Apache Leap would be affected.{{cite news |title=San Carlos Apache Tribe Announces Towns of Superior and Queen Valley Join Opposition to H.R. 687 Southeast Conservation and Land Exchange Act of 2013 |newspaper=NewsRx |date=April 7, 2013 }}

The initial report was published during the Donald Trump administration, and under the provisions of Section 3003 the transfer was scheduled to occur on March 11, 2021. The Joe Biden administration withdrew the report on March 2 to demand more input from the public and Indigenous nations.{{cite news |title=Biden administration pauses transfer of holy Native American land to mining firm |url=https://www.theguardian.com/environment/2021/mar/02/arizona-oak-flat-biden-administration-pauses-transfer-native-american-site-mining-resolution-copper |access-date=19 June 2021 |work=the Guardian |date=2021-03-02 |language=en}} On March 18, 2021, Representative Raúl Grijalva reintroduced the Save Oak Flat Act for the fourth time, which would repeal the mandate to transfer the land transfer of Oak Flat to Resolution Copper.{{cite web | first=Sahar|last= Akbarzai |title=Arizona Democrat reintroduces bill to protect sacred Apache site from planned copper mine |url=https://www.cnn.com/2021/03/18/politics/oak-flat-copper-mine-legislation/index.html |website=CNN |access-date=19 June 2021}}

In June 2022, the 9th US Circuit Court of Appeals, in a 58-page ruling, upheld a lower court ruling 2-1 in stating that the federal government had a right to make the land transfer.{{Cite news |title=U.S. court upholds Arizona land swap deal for Rio Tinto copper mine |url=https://www.reuters.com/world/us/us-court-upholds-arizona-land-swap-deal-rio-tinto-copper-mine-2022-06-25/ |archive-url=http://web.archive.org/web/20230924050025/https://www.reuters.com/world/us/us-court-upholds-arizona-land-swap-deal-rio-tinto-copper-mine-2022-06-25/ |archive-date=2023-09-24 |access-date=2025-05-11 |work=Reuters |language=en-US}} The two justices who voted in assent stressed that though they recognized the religious sensitivity of the land under discussion, the question was nonetheless one of what the federal government was allowed to do with it. In November, the court's 11 members agreed to hear the case en banc, with Rio continuing to seek an outside resolution with affected tribes.{{Cite news |title=Full 9th US Circuit to tackle complex Resolution Copper mining case |url=https://www.reuters.com/markets/commodities/full-9th-us-circuit-tackle-complex-resolution-copper-mining-case-2022-11-18/ |archive-url=http://web.archive.org/web/20230317134108/https://www.reuters.com/markets/commodities/full-9th-us-circuit-tackle-complex-resolution-copper-mining-case-2022-11-18/ |archive-date=2023-03-17 |access-date=2025-05-11 |work=Reuters |language=en-US}}{{Cite news |last=Scheyder |first=Ernest |date=2023-03-10 |title=CERAWEEK-Rio Tinto keeps working to build Indigenous support for Resolution mine |url=https://www.reuters.com/markets/commodities/ceraweek-rio-tinto-keeps-working-build-indigenous-support-resolution-mine-2023-03-07/ |access-date=2025-05-11 |work=Reuters}} During a hearing of the body in March of 2023, representatives of the US Forest Service told the body that they did not believe that an 1852 treaty between the federal government and the Apache people represented a right by the Apache to the land under which the copper is found.{{Cite news |last=Scheyder |first=Ernest |date=2023-03-21 |title=U.S. Forest Service to approve land swap for Rio Tinto's Arizona mine |url=https://www.reuters.com/world/us/us-government-republish-report-rios-arizona-mine-before-july-2023-03-21/ |access-date=2025-05-11 |work=Reuters}}

On March 1, 2024, the 9th Circuit Court, in a 6-5 ruling, issued a 253-page brief stating that the land transfer did not represent a "substantial burden" on the San Carlos Apache's religious rights because it did not reflect any requirement made by the government that members of the tribe stop worshipping their deities.{{Cite news |last=Scheyder |first=Ernest |date=2024-03-01 |title=In blow to Native Americans, US court approves land swap for Rio's Arizona copper mine |url=https://www.reuters.com/markets/commodities/us-appeals-court-rejects-bid-block-land-swap-rios-arizona-copper-mine-2024-03-01/ |work=Reuters}} Apache Stronghold, a group of Arizona's San Carlos Apache tribe members and conservationists, asked the U.S. Supreme Court to overturn the Circuit Court's ruling.{{Cite news |last=Scheyder |first=Ernest |date=2024-09-11 |title=Indigenous group takes fight against Rio Tinto Arizona copper mine to US Supreme Court |url=https://www.reuters.com/legal/indigenous-group-asks-us-supreme-court-block-rio-tintos-arizona-copper-project-2024-09-11/ |access-date=2025-05-11 |work=Reuters}}

On May 9, 2025, a federal judge blocked efforts by the Trump administration to transfer the land to Rio.{{Cite news |last=Scheyder |first=Ernest |date=2025-05-09 |title=US judge halts land exchange for Rio Tinto copper mine opposed by Native Americans |url=https://www.reuters.com/legal/us-judge-temporarily-blocks-land-exchange-rio-tinto-bhp-copper-mine-opposed-by-2025-05-09/ |access-date=2025-05-11 |work=Reuters}} In an 18-page order, District Judge Steven Logan stated that the Apache nation was likely to succeed in its appeal to the Supreme Court, and thus any transfer should be halted until the ruling was made.

On May 27, 2025, the U.S. Supreme Court rejected an appeal by Apache Stronghold and left in place a lower court decision allowing the transfer of the Tonto National Forest land of Oak Flat to Resolution Copper.{{Cite web |date=27 May 2025 |title=Supreme Court rejects a plea to block a copper mine on land in Arizona thats sacred to Apaches |url=https://apnews.com/article/supreme-court-arizona-oak-flat-copper-mining-apache-64bb0d7c2bbf544f707ce3a421b67209 |access-date=27 May 2025 |website=apnews.com/}}

Reactions

The San Carlos Apache Tribe, the National Audubon Society in Tucson, the Grand Canyon Chapter of the Sierra Club as well as the National Congress of American Indians have opposed the Resolution Copper land swap. Native American groups and conservationists worry about the impact to surrounding areas.{{cite news |url=http://tucson.com/news/apache-tribe-distressed-by-privatization-of-sacred-land/article_c8f9f32c-80c0-11e4-a781-a7334409bcc3.html |first1=Emily |last1=Bregel |title=Apache Tribe Distressed by Privatization of Sacred Land |newspaper=Arizona Daily Star |date=December 11, 2014 |access-date=January 8, 2015}} In 2014, Secretary of the Interior Sally Jewell said she was "profoundly disappointed with the Resolution Copper land-swap provision, which has no regard for lands considered sacred by nearby Indian tribes".{{cite web |url=http://www.doi.gov/news/pressreleases/statement-by-interior-secretary-sally-jewell-on-the-national-defense-authorization-act-for-fiscal-year-2015.cfm |title=Statement by Interior Secretary Sally Jewell on the National Defense Authorization Act for Fiscal Year 2015 |last1=U.S. Department of the Interior |date=December 9, 2014 |access-date=January 9, 2015}}

Jodi Gillette, Special Assistant to the President for Native American Affairs, stated that the Obama administration would work with Resolution Copper's parent company Rio Tinto to determine how to work with the tribes to preserve their sacred areas.{{cite news |url=http://indiancountrytodaymedianetwork.com/2015/01/13/white-house-responds-stop-apache-land-grab-petition-158680 |last1= |title=White House Responds to 'Stop Apache Land Grab' Petition |newspaper=Indian Country Today Media Network |date=January 13, 2015 |access-date=January 14, 2015}}

References

External links

[http://www.resolutioncopper.com/ Resolution Copper Mining Website]
{{coord|33.3031115|-111.1001195|source:gnis|format=dms|display=inline,title}} {{GNIS 2|31445|GNIS – Magma Copper Mines}}

Category:BHP

Category:Copper mines in Arizona

Category:Mining in Arizona

Category:Pinal County, Arizona

Category:Rio Tinto (corporation) subsidiaries

Category:Underground mines in the United States

Category:Environmental justice in the United States

Category:Environmental controversies

Category:Environmental protests in the United States

Category:Indigenous peoples of North America and the environment

Category:Indigenous rights in the United States

Category:Land defender