Destruction of Sacred Apache Land Now Imminent

Defenders of a swath of Apache holy land marked for doom may be out of options after a federal judge again denied motions for preliminary injunction. 

While acknowledging in a 94-page ruling that the transfer of eastern Arizona’s Oak Flat into the hands of a private copper mine will permanently destroy the tribe's historical place of worship, devastate the area with a huge amount of toxic waste and draw enormous quantities of water from an already drought-stricken area, U.S. District Judge Dominic Lanza found that the San Carlos Apache Tribe and conservation groups challenging the transfer have not established a likelihood of success on their claims, giving the U.S. Forest Service the green light to hand the land over to Resolution Copper. 

The transfer is authorized by a last-minute amendment to a 2014 national defense bill, passed by Congress in the final hours of the session and signed by then-President Barack Obama. The amendment says the Oak Flat must be transferred to Resolution Copper within 60 days of the Forest Service's issuance of its final environmental impact statement, which assesses potential impacts of any action taken by the agency, including transferring land ownership. That 60-day window will close on Tuesday.

Though the plaintiffs raise numerous issues with the impact statement including a lack of copper consultations and violations of the National Environmental Policy Act, Lanza, a Donald Trump appointee, says none of those claims can override a congressional decision. [MORE]