ELR Citation: 55 ELR 20057
No(s). CV-21-00050-PHX-SPL (D. Ariz. May 9, 2025) (Logan, J.)

A district court temporarily enjoined a land exchange between the U.S. government and a copper mining company concerning 2,422 acres of land in Tonto National Forest. A community group argued the land transfer, which includes a sacred Apache burial ground, would violate its and its members' First and Fifth Amendment rights, as well as the Religious Freedom Restoration Act, and would breach the government's trust and fiduciary duties to the Western Apache people; it moved to preliminarily enjoin the transfer. The court denied the motion, finding the group had not shown a likelihood of success on the merits, and the Ninth Circuit subsequently affirmed. The group then sought a temporary injunction prohibiting the government from transferring the land pending its Supreme Court appeal. The district court found the balance of equities tipped sharply in the group's favor, that the group established a likelihood of irreparable harm should the transfer proceed, and that it presented serious questions on the merits that warranted the Supreme Court's scrutiny should it agree to grant certiorari. It enjoined the government from publishing the final EIS and conveying the land until the Supreme Court denies the petition for certiorari or issues a judgment if the petition is granted.