On August 19, 2025, the 9th U.S. Circuit Court of Appeals issued a temporary injunction halting the land transfer of Oak Flat, a site considered sacred by the San Carlos Apache Tribe, to Resolution Copper, a joint venture between Rio Tinto and BHP. The ruling represents a rare legal victory for the tribe after years of campaigning against the proposed copper mine in Arizona. The court emphasized the need to review whether the federal government’s environmental assessments and land valuation processes met legal and constitutional standards.
The Oak Flat site is not only culturally and spiritually significant to Apache communities but also highly valuable in terms of resource potential. Resolution Copper argues the project could generate US$1 billion annually, create thousands of jobs, and supply copper critical for the energy transition. Yet, Indigenous leaders stress that no economic rationale can justify the destruction of ancestral lands used for ceremonies, cultural practices, and traditional identity. The case highlights a fundamental tension between industrial expansion and the protection of Indigenous heritage in the U.S.
For the mining sector, the decision illustrates how social license to operate depends on more than regulatory approvals or economic impact studies. The absence of genuine consent from the San Carlos Apache has transformed Oak Flat into a national and international flashpoint for Indigenous rights in resource development. As demand for copper intensifies with the clean energy transition, companies and governments face growing pressure to demonstrate that projects are not only technically and financially viable but also socially legitimate. Without Indigenous trust, even multi-billion-dollar ventures risk indefinite delays, reputational damage, and loss of investor confidence.