Oak Flat

Split Ninth Circuit Panel Allows Oak Flat Mining to Proceed

Matthew L.M. Fletcher

Here is the opinion in Apache Stronghold v. United States.

Briefs here.

Ninth Circuit Oral Argument in Oak Flat Case

Matthew L.M. Fletcher

Briefs are here.

Oak Flat update

Singel

Arizona Republic: New estimate of Oak Flat mine’s water consumption fuels opposition as lawsuit, legislation advance

Diagram from The Proposed Resolution Copper Mine and Arizona’s Water Future, a report by James Wells, PhD, PG, L. Everett & Associates, Environmental Consultants, Sept. 2021

Ninth Circuit Briefs in Apache Stronghold v. United States

Matthew L.M. Fletcher

Here:

Apache Stronghold Opening Brief

NCAI Brief

Religious Liberty Groups Brief

Religious Liberty Law Scholars Brief

USDA Brief

US Answer Brief

Reply

Case tag here.

WaPo: “This land is sacred to the Apache, and they are fighting to save it”

Matthew L.M. Fletcher

Here.

USDA Pulls Environmental Impact Statement on Oak Flat/Resolution Copper Mine [updated with CA9 Order Denying Stay Pending Appeal]

Matthew L.M. Fletcher

Here is the press release from Rep. Raúl Grijalva on the matter. Gizmodo coverage here.

And the briefs in Apache Stronghold v. United States (9th Cir.):

Emergency Motion

Federal Opposition

Religious Groups Amicus Brief

Religious Liberty Scholars Amicus Brief

Tribal Amicus Brief

Lower court materials here.

Update:

CA9 Order Denying Stay

Federal Court Declines to Enjoin Oak Flat Mining Project

Matthew L.M. Fletcher

Here is the order in Apache Stronghold v. United States (D. Ariz.):

57 DCT Order

Briefs here.

Briefing in Attempt to Enjoin Copper Mining Project at Chi’chil Biłdagoteel [Oak Flat]

Matthew L.M. Fletcher

Here are the materials in Apache Stronghold v. United States (D. Ariz.):

1 Complaint

7 Motion for TRO

18 US Response

23 Reply in Support of 7

50 US Closing Brief

51 Apache Stronghold Closing Brief

56 Amicus Brief

NYTs’Op/Ed: “Selling Off Apache Holy Land”

Matthew L.M. Fletcher

Here.