Oak Flat Climbing Area Is Safe From an International Mining Company—For Now

A week before the release of an Environmental Impact Statement (EIS) that would trigger the imminent transfer of 2,522 acres of Oak Flat to an international mining company, a federal judge has temporarily halted the land exchange.

In response to a lawsuit filed by the San Carlos Apache Tribe, as well as a lawsuit filed by a coalition of nonprofits that included Access Fund, a federal judge in Arizona ruled on June 9 that the federal government must wait 60 days from the issuing of the final EIS before transferring the land in question. The goal of the delay is to allow for a fairer process before public lands are in effect handed over to private mining interests abroad, without any significant benefit to the U.S. or its citizens aside from the creation of a few jobs.

The U.S. Forest Service has been expected to release the Oak Flat EIS as early as June 16, which, prior to the judge’s ruling yesterday, would have initiated the land transfer.

“The stakes are so high with sacred, public land being considered,” says Erik Murdock, the deputy director of programs, policy, and government affairs at Access Fund, “so 60 days seems relatively minor when the issue has been contested for more than two decades.” Murdock, who has been climbing in Oak Flat since the ‘90s, has been heavily involved in the fight to save Oak Flat and the lawsuit to delay the land transfer.

This new ruling comes as a temporary sigh of relief for those involved in preserving Oak Flat. Two weeks ago, the community weathered discouraging news when the Supreme Court denied a land-transfer appeal from the Apache Stronghold organization. Now, with two months to review the EIS, the San Carlos Apache Tribe, Access Fund, and other nonprofits, including the Center for Biological Diversity and the Sierra Club, have more time to review the projected environmental impacts. They hope to make the case for permanently halting the land transfer.

“The Trump administration has been rushing to sell out our public lands and destroy sacred sites and the environment,” says Marc Fink, the director of the Public Lands Law Center at the Center for Biological Diversity. “We look forward to having our day in court to defend Oak Flat based on a full record.”

Should climbers, public lands advocates, and the San Carlos Apache Tribe fail to skirt the proposed mine, the federal government will transfer the 2,522 acres to Resolution Copper, a subsidiary of international mining companies Rio Tinto and BHP. A destructive copper mining operation will result in a crater up to 1,000-feet deep and two miles wide. The mine would also use extensive groundwater, in a region and state that already battles drought conditions and water scarcity.

“How is this mine good for the United States?” says Curt Shannon, interim director of the Arizona Mining Reform Coalition. “The profits will all go to the two foreign corporations that own it, the copper will be shipped to China, and the mine will use a huge amount of water that Arizona simply doesn’t have to spare.”

While the mine threatens natural resources, public land access, and endangered species like ocelots, it also impacts an iconic climbing area. A sub-area of Queen Creek Canyon, Oak Flat boasts world-class climbing with over 2,500 routes and boulders. It’s a go-to spot for Phoenix climbers, and from 1989-2004, hosted the annual Phoenix Bouldering Contest (later renamed the Phoenix Boulder Blast).

Right now, Access Fund and its co-plaintiffs await the release of the final EIS. Upon publication, Murdock says the Coalition “will determine the best path forward to block the land transfer and provide permanent protection for the sacred land, natural resources, and climbing areas at Oak Flat.” In the meantime, Murdock is exploring all possible strategies for blocking the administration from the Oak Flat land transfer to foreign interests.

As for the best path forward for saving Oak Flat, Murdock explains that a court would need to rule that the final EIS is “inadequate.” Then Congress must override a mandate to transfer the lands that was included in the 2015 National Defense Authorization Act.

To help prevent this mine from overtaking much of Oak Flat, the climbing community can stay tuned for updates from Access Fund and support their efforts in conserving this area.

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