By Mrinmay Dey and Ernest Scheyder
(Reuters) – A Native American group on Monday asked all members of a U.S. appeals court to overturn an earlier ruling granting land to Rio Tinto (NYSE:) for a mine in Arizona, saying the land was sacred and culturally significant.
A ruling by a smaller panel of the San Francisco-based 9th U.S. Circuit Court of Appeals ruled earlier this month that the federal government can cede thousands of acres in the U.S. state of Arizona to Rio Tinto and its partner of BHP minority for the Copper Resolution project.
Apache Stronghold, a nonprofit group made up of the San Carlos Apache tribe and others, has long opposed the mine, which would destroy a site where indigenous ceremonies have been held for generations.
If developed, the mine would supply more than a quarter of U.S. copper demand for the transition to renewable energy. However, it would create a crater 2 miles (3 km) wide and 1,000 feet (304 m) deep that would destroy the place of worship.
“If there’s one case that deserves a full-court review, it’s this one,” said Luke Goodrich, an attorney with Becket Law who represents Apache Stronghold.
A Rio Tinto spokesperson told Reuters: “Resolution Copper is aware of Apache Stronghold’s extraordinary action seeking review by the 9th Circuit’s full panel and we await the court’s direction on next steps.”
BHP did not respond to requests for comment.
When the U.S. appeals court approved the land swap, it essentially deferred to a 2014 decision by the U.S. Congress and then-President Barack Obama.
The decision comes in the midst of the US presidential election season, in which former President Donald Trump, who supports the mine, is likely to face President Joe Biden, who narrowly won Arizona in the 2020 election thanks to native votes Americans.