BHP and Rio Tinto’s Resolution Copper Mine Has Been Held Back Again!

Just when it looked like BHP and Rio Tinto’s Resolution Copper Mine was good to go, a long awaited land exchange was blocked by a US appeals court. Why and what does it mean for BHP and Rio?

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Why the Resolution Copper Mine Is Worth Getting Excited About

Resolution Copper is a proposed underground mining venture near Superior, Arizona, set to become the largest copper mine in North America. The project targets a rich porphyry copper deposit beneath the old Magma Mine site, extending deep—around 5,000 to 7,000 ft (1,500–2,130 m) below ground—with resource estimates of over 1.6 to 1.7 billion tonnes at roughly 1.5% copper grade.

Once operational, it’s projected to produce about 40 billion pounds of copper over a 40-year lifespan, potentially meeting 25% of U.S. copper demand. And the US needs a lot of copper because it is vital for electrical systems, renewable energy and EVs.

For this reason, BHP and Rio Tinto partnered up to develop the mine, forming a joint venture way back in 2004. But it has taken a long time to get off the ground.

Setback after Setback

There have been many stumbling blocks to get it off the ground including permitting and regulatory hurdles, legal and indigenous opposition and environmental concerns. And the irony is that even when approved, it will take some years of preparatory work before formal copper mining begins.

Efforts began decades ago, but a land exchange between Resolution Copper and the U.S. government (involving sacred Oak Flat and Tonto National Forest lands) required congressional approval because it is federally owned land. This was pushed via the 2015 National Defence Authorisation Act, but the land swap sparked intense controversy and legal scrutiny. Even with “Fast-41” priority (fast-track status) granted to expedite approvals, delays continued

The site, especially Oak Flat, is sacred to the San Carlos Apache Tribe and other Native nations. They argue mining would desecrate religious and cultural heritage sites. They are particularly concerned about a species of tree called the Emory oak which is a very rare species and sacred to Indigenous peoples. The mine plan provides for tunnels to be drilled beneath the ore body and then collapsed, leaving behind a crater 1,000 feet deep and 2 miles across.

The election of Donald Trump has given hope that 2025 could finally be the year things got underway as this new administration is staunchly pro-mining. Of course, copper mine would initially need to be refined in China and be subject to tariffs ironically, but the need is that great that developers persisted in spite of facing tariffs. There are only 3 copper smelters in the US – two in Arizona and one in Utah – and there wouldn’t be capacity.

The biggest sign of hope came in late May 2025 when the US Supreme Court declined to hear a formal appeal against the project which effectively was the green light. And a land exchange was set to occur this very week. Or so we thought.

Another setback

A 9th Circuit appeals court issued another temporary block on the landtransfer. A coalition of environmentalists and tribes had requested a temporary injunction and they were successful.

Obviously Resolution was disappointed but expressed confidence that this was only a temporary pause and that the earlier ruling that the land exchange satisfied all legal requirements would be upheld. President Trump lashed out on Truth Social about the delay.

“They are looking to do an Expedited Appeal before the Ninth Circuit, but it is so sad that Radical Left Activists can do this, and affect the lives of so many people,” he said.

“Those that fought it are Anti-American, and representing other Copper competitive Countries. We can’t continue to allow this to happen to the U.S.A.!”

What does this mean for BHP and Rio Tinto

In the short term, not much because these are well-established mining companies with plenty of other projects. But surely this project’s commencement is either very soon or never…something has to give eventually.