On Tuesday, the U.S. Court of Appeals for the Ninth Circuit rejected all petitions for rehearing in cases challenging a land exchange that is necessary for the Resolution Copper project in Arizona. The order leaves in place the March 13 decision by the court’s panel, which allowed the federal government to proceed with a congressionally mandated land exchange crucial to advancing development of one of the largest known copper deposits in the world.
“Copper is crucial for our nation’s electrical grid, national defense, energy technologies, and advanced manufacturing,” said Principal Deputy Assistant Attorney General Adam Gustafson of the Justice Department’s Energy and Natural Resource Division (ENRD). “This project will assist in developing a continuous domestic copper supply, which will support national security objectives and strengthen the U.S. economy. The exchange has resulted in federal ownership of more than 5,400 acres of ecologically and culturally significant land in Arizona.”
In rejecting the plaintiffs’ numerous claims, the Ninth Circuit has now declined to reconsider the decision of its panel. This ruling is another major step toward ensuring the United States can meet growing demand for critical minerals.
Deputy Assistant Attorney General Robert Stander of ENRD argued the appeal. ENRD’s Appellate Section handled the matter on appeal, and ENRD’s Natural Resources Section handled this matter in the District Court.