NINTH CIRCUIT LEAVES RESOLUTION COPPER LAND-EXCHANGE RULING IN PLACE

The U.S. Court of Appeals for the Ninth Circuit has rejected all petitions seeking rehearing in litigation challenging the federal land exchange required for the Resolution Copper project in Arizona, leaving an earlier panel decision in place and allowing the federal government to continue moving forward with the exchange.

The court rejected the rehearing petitions Tuesday. The decision leaves intact a March 13 ruling by a Ninth Circuit panel that permitted the federal government to proceed with the congressionally mandated transfer connected to development of the Resolution Copper deposit.

The Resolution Copper project involves development of what the Justice Department described as one of the largest known copper deposits in the world.

The land exchange is a critical legal and logistical component of the project. Congress previously directed the federal government to carry out the exchange, and litigation has challenged the government’s ability to proceed with the transfer and advance development.

The Justice Department defended the federal government’s authority to proceed with the exchange during the litigation.

Principal Deputy Assistant Attorney General Adam Gustafson of the Justice Department’s Energy and Natural Resource Division said copper plays a significant role in the nation’s electrical grid, defense infrastructure, energy technologies and advanced manufacturing.

According to the Department, development of the Resolution Copper resource could contribute to a more continuous domestic copper supply as demand for critical minerals grows.

The Justice Department framed the Ninth Circuit’s decision as another step toward expanding domestic access to critical mineral resources.

The Justice Department’s Energy and Natural Resource Division represented the federal government in the litigation.

Deputy Assistant Attorney General Robert Stander argued the appeal. The Division’s Appellate Section handled the case before the Ninth Circuit, while its Natural Resources Section handled the litigation at the federal district court level.

The Resolution Copper litigation has now passed another significant appellate stage, with the Ninth Circuit declining to reconsider the ruling authorizing the federal government to proceed with the congressionally mandated land exchange.

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