Biden Administration Says Oak Flat Land Swap Should Proceed Despite Lawsuit
by Josh Kelety| Phoenix New Times
The Biden administration recently argued in federal court that a controversial land trade in the Oak Flat region for a copper mine shouldn’t be stopped by a lawsuit — despite previously moving to pause the project.
In an 83-page brief filed in the U.S. Ninth Circuit Court of Appeals on May 17, attorneys with the U.S. Department of Justice asserted that a lower federal court was right to deny an injunction sought by Apache Stronghold, a group that is currently suing the federal government to stop the copper mine project. They argued that Apache Stronghold’s claims that the land transfer violates historic tribal treaties and religious freedoms fall flat.
“Plaintiffs cannot establish that they will suffer irreparable harm absent preliminary relief,” the brief states. “The district court’s order denying preliminary injunctive relief should be affirmed.”
