A US federal judge said he will decide by May 14 whether to stop the Trump administration from selling land in Arizona to Rio Tinto $RIO (+0.93%) and BHP $BHP (+1.11%) to build a large copper mine that is opposed by Native Americans.
The lengthy and complex legal battle is about the religious rights of the San Carlos Apache people in Arizona, the increasing demand for copper for the energy transition and the geopolitical significance of China's extensive control over the important minerals industry.
The dispute centers on the federally owned Oak Flat Campground, where many Apache worship their deities. The site sits on a reserve of more than 40 billion pounds (18.1 million tons) of copper, a key ingredient in electric vehicles and nearly all electronic devices.
Rio and BHP's Resolution Copper project, if built, would create a crater 3 kilometers wide and 304 meters deep that would slowly engulf this place of worship.
U.S. District Judge Steven Logan, who ruled in favor of the land transfer in 2021, held a nearly two-hour hearing Wednesday to consider a renewed request to temporarily block the land transfer while the U.S. Supreme Court deliberates.
Logan, who was appointed by former U.S. President Barack Obama, gave little indication of how he would rule in the week he announced, but asked pointed questions about what harm the Apaches might suffer if the transfer were to take place before the Supreme Court's decision.
He also asked for details on Rio's maintenance costs for the resolution's existing facilities, which one Rio executive estimated at $11 million per month.
Since 2021, the courts have denied a request by Apache Stronghold - a nonprofit group that includes Apaches - to block the land transfer needed for the mine. The rulings referred to a 2014 decision by the US Congress and then-President Obama.
President Donald Trump initiated the land transfer in his first term, a move that was reversed by his successor Joe Biden as the issue wound its way through the courts.
The US Supreme Court is now considering whether to take up the case. The Supreme Court has said at least 13 times that it will continue to consider the appeal - an unusually long time frame.
Meanwhile, Trump resumed the land transfer process last month, with his administration aiming to complete it by June 16.
The U.S. Department of Justice, which has opposed the Apaches' application under both Biden and Trump, argued that Logan should stand by his 2021 decision.
"There is no basis for this court to reach a different result here," said Erika Danielle Norman, an attorney for the Justice Department.
Apache Stronghold and its attorneys from the Becket Fund for Religious Liberty said they were encouraged by the hearing.
"All the Apaches are asking for is to put the land transfer on hold while the Supreme Court considers it," said Joseph Davis of Becket.
Rio Tinto thanked the court for its time and said the resolution is critical to securing America's energy future, infrastructure and national defense.
BHP, which owns 45% and Rio 55% of the project, did not immediately respond to a request for comment.