ARTICLE
25 April 2025

Trump Administration Accelerates Resolution Copper Mine Approval, Advancing Domestic Mineral Agenda

JM
Jeffer Mangels Butler & Mitchell LLP

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Jeffer Mangels Butler & Mitchell LLP (JMBM) is a full service law firm handling corporate transactions, litigation, labor & employment, real estate & land use, intellectual property, hospitality, entertainment, bankruptcy, and taxation, trusts & estates matters. From Los Angeles, San Francisco and Orange County, we serve our clients' needs worldwide.
Following President Trump's March 20, 2025, Executive Order ("EO") 14157, "Immediate Measures to Increase American Mineral Production" (discussed in our blogpost here)...
United States Energy and Natural Resources

Following President Trump's March 20, 2025, Executive Order (“EO”) 14157, “Immediate Measures to Increase American Mineral Production” (discussed in our blogpost here), and recent recognition of valid existing rights to continue mining for gold and rare earth elements at the Colosseum Mine (see our blogpost here blog), the administration has now taken decisive steps to advance one of the nation's most significant mining projects: the Resolution Copper Mine in Arizona. On April 17, 2025, the U.S. Forest Service announced its intent to issue a Final Environmental Impact Statement (FEIS) and Draft Record of Decision (Draft ROD) within 60 days for the contested land exchange critical for the project. This move underscores the administration's commitment to leveraging federal authority to fast-track domestic mineral production, even as legal and tribal challenges loom.

The Resolution Copper project, a joint venture between Rio Tinto and BHP, aims to develop the largest copper mine in the U.S., estimated to yield 40 billion pounds of copper over its lifetime. The mine hinges on a land exchange transferring 2,422 acres of Tonto National Forest land (Oak Flat, or Chí'chil Biłdagoteel to the Apache) to Resolution Copper in exchange for private parcels. Copper, recently added to the critical minerals list under EO 14157, is essential for renewable energy infrastructure, defense systems, and consumer electronics.

The Forest Service's notice follows years of litigation and delayed consultations under prior administrations. The project is involved in pre-existing tensions with the San Carlos Apache Tribe and environmental groups. The Supreme Court is currently considering a petition filed by Apache Stronghold, a tribal advocacy group, to halt the land transfer (Apache Stronghold v. United States, No. 24-291). The petition argues that the project violates tribal religious rights and federal preservation laws.

The Resolution Copper push marks another milestone in the Trump Administration's agenda to reduce reliance on foreign minerals—particularly from China—by fast-tracking domestic projects. The administration's willingness to overcome legal hurdles reflects its broader strategy to prioritize resource independence. As the Supreme Court weighs Apache Stronghold's petition, the outcome may test the limits of executive authority to accomplish these goals under EO 14157 and shape the future of U.S. mining policy.

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