Resolution Copper clears land hurdle after years-long legal fight

The U.S. Forest Service finalized the swap, transferring about 2,400 acres (970 hectares) the miner says may hold more than 18 million tonnes of copper to the Rio Tinto–BHP (LSE, NYSE, ASX: BHP) 55-45% joint venture, according to federal and company statements this week. The Forest Service gets roughly 5,400 acres elsewhere in the state in the trade.

The move follows repeated court rulings rejecting efforts by the San Carlos Apache and advocacy groups to block the transfer on religious grounds tied to Oak Flat, a site considered sacred for generations. The project aligns with Washington’s efforts to secure domestic supplies of critical minerals for energy and defence.

“Completing this land exchange unlocks a major domestic source of copper, essential for defence, grid modernization, and next-generation energy,” U.S. Agriculture Secretary Brooke Rollins, who oversees the Forest Service, said in a statement. “This responsible mining project fulfills President Trump’s vision of American mineral independence.”

Significant share

Resolution is among the largest undeveloped copper deposits globally and could supply a significant share of U.S. demand for decades. The partners have already spent more than $2 billion on exploration, engineering and permitting, but have yet to produce metal.

Rio Tinto said it will now begin a $500-million drilling program to further define the orebody and support future development decisions.

The dispute has become a flashpoint for how miners, governments and Indigenous groups navigate competing priorities as demand for critical minerals accelerates. Legal experts said the case could reshape how future projects are negotiated on contested lands in the U.S. Southwest and beyond.

The land exchange traces back to legislation passed by Congress in 2014, but has been delayed for years by legal challenges from Apache Stronghold and others, who argue the mine would destroy a sacred site used for ceremonies.

Lower courts, including the Ninth Circuit Court of Appeals, have consistently sided with the federal government and the companies, narrowing the scope for religious protections to halt development on federal land.

Supreme Court

Opponents have said the project would irreparably damage Oak Flat, known as Chi’chil Biłdagoteel, where Apache communities hold coming-of-age ceremonies. Multiple appeals failed to stop the transfer, and the U.S. Supreme Court declined to intervene, effectively clearing the way for the exchange to proceed.

BHP said the mine could generate thousands of jobs and billions in economic activity across the United States, while Rio noted how the land swap helps advance a key development.

“Completing the land exchange is a significant milestone and another positive step forward for the Resolution Copper project,” Rio Tinto’s copper chief Katie Jackson said in a company release. “As demand for copper continues to grow, projects like Resolution can play an important role in strengthening domestic supply chains.”