The justices left in place lower court decisions allowing the transfer of the Tonto National Forest land, known as Oak Flat, to Resolution Copper, which plans to mine what it says is the second-largest known copper deposit in the world.
The Trump administration has said it will push to complete the transfer.
Justice Neil Gorsuch wrote in dissent that it was a “grievous mistake” not to take up the appeal.
“Recognizing Oak Flat’s significance, the government has long protected both the land and the Apaches’ access to it,” Gorsuch wrote, joined by Justice Clarence Thomas. “No more. Now, the government and a mining conglomerate want to turn Oak Flat into a massive hole in the ground.”
The justices left in place lower court decisions allowing the transfer of the Tonto National Forest land, known as Oak Flat, to Resolution Copper, which plans to mine what it says is the second-largest known copper deposit in the world.
The Trump administration has said it will push to complete the transfer.
A group known as Apache Stronghold, representing the interests of certain members of the San Carlos Apache Tribe, has argued that the land transfer will result in the destruction of the site in violation of its members’ religious rights.
Apache tribes in Arizona consider Oak Flat, which is dotted with ancient oak groves and traditional plants, essential to their spiritual well-being.
An estimated 40 billion pounds of copper could be mined over the lifetime of the mine, according to the U.S. Forest Service.