Could the copper mine planned for Arizona’s Oak Flat still get blocked?

Yes.

Despite a federal law authorizing the land exchange, the proposed copper mine at Oak Flat in Arizona’s Tonto National Forest could still be halted through ongoing court challenges or congressional action.

Oak Flat, or Chi’chil Biłdagoteel, is sacred to the San Carlos Apache and other tribes. Tribal leaders and allied groups argue a planned Resolution Copper mine would permanently damage land used for religious ceremonies and cultural practices. Organizations like Apache Stronghold have filed federal lawsuits claiming the land transfer would violate the Religious Freedom Restoration Act.

While lower courts have allowed the project to move forward, the dispute remains active. In January 2026, a panel of Ninth Circuit judges heard arguments over whether to lift a court order stopping the land transfer, leaving the project’s timeline uncertain.

U.S. Rep. Adelita Grijalva, D-Ariz., also has introduced legislation to repeal the land exchange and permanently block the mine.

This fact brief is responsive to conversations such as this one.

The Arizona Center for Investigative Reporting partners with Gigafact to produce fact briefs, or quick-response fact checks, about trending claims relating to Arizona.

Sources

• 9th Circuit to Hear Appeals Challenging Arizona’s Oak Flat Land Exchange, Center for Biological Diversity
• 24-291 Apache Stronghold v. United States (05/27/25), SupremeCourt.Gov
• Grijalva introduces bill to repeal Oak Flat land swap and block copper mine, KNAU
• Oak Flat case faces skeptical 9th Circuit judges at Phoenix hearing, AZCentral