John C. Menzies
The Resolution Copper mine, a joint venture between Rio Tinto (55%) and BHP (45%), targets one of the world’s largest untapped copper deposits near Superior, Arizona. As it advances, the project promises significant economic and strategic benefits but faces a complex landscape of community support and opposition, with its fate tied to ongoing legal battles, principally the ongoing legal battle between Apache Stronghold and Rio Tinto and joint venture partner BHP.
Legal Issues and Considerations
The legal dispute over the Resolution Copper deposit in Arizona hinges on the conflict between the San Carlos Apache Tribe arguing the significance of their constitutional religious rights and the economic interests tied to a massive copper deposit critical for the energy transition.
The As of May 2025, the U.S. Supreme Court is deliberating whether to hear Apache Stronghold’s appeal to block the land transfer of Oak Flat to Resolution Copper, following a May 10, 2025, ruling by U.S. District Judge Steven Logan that temporarily halted the transfer pending the Supreme Court’s decision.
The Supreme Court’s prolonged deliberations, having deferred a decision at least 13 times, suggests a complex case with significant implications, potentially involving First Amendment religious protections versus the government’s authority to manage federal land. Historical court rulings, including a 6-5 decision by the 9th U.S. CIRCUIT Court of Appeals in March 2024, have largely favored the government’s right to transfer the land, deferring to a 2014 congressional act under President Obama that authorized the swap.
However, the Supreme Court’s recent conservative leanings and its occasional willingness to protect religious freedoms could lead to a decision to hear the case, especially given the dissent in the 9th Circuit, which argued that destroying Oak Flat would irreparably harm Apache religious practices. If the Supreme Court takes the case, a ruling by June 2026 could either uphold the land transfer, allowing the mine to proceed and produce over 25% of U.S. copper demand, or side with Apache Stronghold, potentially setting a precedent for protecting sacred Indigenous sites. Given the political support for the mine under the Trump administration, which restarted the land transfer process in April 2025, and the economic pressure to secure domestic copper, the scales may tip toward Rio Tinto unless the Supreme Court prioritizes religious rights.
Yet, Judge Logan’s temporary injunction and the Apache’s persistent advocacy suggest a non-zero chance of a favorable outcome for Apache Stronghold, particularly if public and political pressure amplifies their cause.
Economic and Strategic Impacts
The mine is set to be a transformative force for Arizona’s economy, generating around 1,500 direct, high-wage union jobs and 2,200 indirect jobs, contributing $270 million annually in wages and prioritizing local hiring within a 60-km radius. This is particularly critical for Superior, where unemployment stands at 45%. Over its 60-year lifespan, the project is expected to inject $61 billion into the state’s economy, including $88–$113 million in annual state and local taxes and $200 million in federal taxes. Resolution’s current annual spending of $546 million with Arizona suppliers already supports local businesses, and the 2014 land exchange law grants Superior 545 acres of federal land for economic diversification. Strategically, the mine’s capacity to supply 25% of U.S. copper demand positions it as a cornerstone for the energy transition, fueling industries like electric vehicles and renewable energy infrastructure.
Community Perspectives and Challenges
Local sentiment toward the Resolution Copper mine is sharply divided, reflecting a tension between economic opportunity and cultural-environmental concerns. In Superior and nearby Pinal County towns like Globe and Miami, many residents and businesses support the project, seeing it as a lifeline for economic revitalization, with 74% of Arizona voters in 2023 endorsing it for its job creation and energy transition benefits. However, the San Carlos Apache Tribe, led by Apache Stronghold, staunchly opposes the mine, as the Oak Flat site is a ceremonial site that would be impacted by the block-cave mining method’s 3km-wide, 300-metre-deep subsidence crater. This opposition, bolstered by a May 2025 court injunction halting the land transfer, underscores the cultural stakes.
Path Forward and Legal Considerations
Despite Resolution Copper’s $2 billion investment and community engagement efforts, including over $500 million in local programs since 2006, bridging the divide remains challenging. The project’s future hinges on the U.S. Supreme Court’s potential decision in 2025–2026 to review the case, which will weigh the mine’s economic and strategic benefits against the cultural and environmental costs. For stakeholders, the outcome will determine whether Resolution Copper can deliver its promised economic boon or face further delays in balancing community and Indigenous rights with resource development.