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Future of Arizona’s Oak Flat faces pivotal day in Phoenix courtroom

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Future of Arizona’s Oak Flat faces pivotal day in Phoenix courtroom


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  • Three lawsuits are before the 9th U.S. Circuit Court of Appeals to prevent the U.S. Forest Service from transferring Oak Flat to a mining company.
  • The site, sacred to Apache and other Native peoples, would be destroyed by a proposed copper mine by Resolution Copper.
  • The land exchange was authorized in 2014 through a last-minute addition to a defense bill, sparking a decade-long battle.

Three lawsuits aiming to keep the U.S. Forest Service from turning over Oak Flat to a mining company for a massive copper mine go in front of the 9th U.S. Circuit Court of Appeals for arguments Jan. 7.

The British-Australian firm Resolution Copper has long sought the exchange to build a mine that bodes to obliterate a site Apaches and other Native peoples hold sacred. It also is one of Arizona’s few functional wetlands.

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Two lawsuits filed by the San Carlos Apache Tribe and a coalition of environmentalists and the Inter Tribal Association of Arizona challenged the land exchange, authorized by a last-minute amendment to a “must-pass” defense bill in December 2014. The arguments in the lawsuits are based on the tribe’s religious beliefs and on environmental concerns, including disputes over water usage and possible damage of one of central Arizona’s key aquifers.

In the third suit, the latest to be filed, a group of Apache women who have spiritual and cultural connections to the site argue that the exchange would violate the Religious Freedom Restoration Act, the First Amendment’s religious rights protections and two environmental laws.

Their lawsuit also brought two new factors into play: a recent U.S. Supreme Court decision that affirms parental rights to direct their children’s religious education and references to Justice Neil Gorsuch’s blistering dissent to the Supreme Court’s refusal to hear another case related to the land exchange.

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A three-judge panel will hear the cases at the Sandra Day O’Connor U.S. Courthouse in Phoenix.

Religious rights advocates and First Amendment experts have said the ability of Native peoples to exercise their religious rights is at stake.

Oak Flat story: As an Apache girl enters womanhood, lawsuits and tariffs cast shadows

The struggle over Oak Flat nears 30-year mark

For more than two decades, Oak Flat Campground, known to Apaches as Chi’chil Biłdagoteel, “the place where the Emory oak grows,” has been ground zero in a battle over Native religious rights on public lands as well as environmental preservation for a scarce Arizona ecosystem.

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The 2,200-acre primitive campground and riparian zone, within the Tonto National Forest about 60 miles east of Phoenix, also lies over one of the nation’s largest remaining bodies of copper ore.

To obtain the copper, Resolution, which is owned by multinational firms Rio Tinto and BHP, plans to use a method known as block cave mining in which tunnels are drilled beneath the ore body, and then collapsed, leaving the ore to be moved to a crushing facility.

Eventually, the ground would subside, leaving behind a crater about 1,000 feet deep and nearly 2 miles across, obliterating Oak Flat.

Resolution Copper, a British-Australian mining firm, sought Congressional approval to exchange other parcels of land it had purchased with the U.S. Forest Service for nearly 10 years when the late Sen. John McCain, R-Ariz., and other officials engineered a late-night rider to a must-pass defense bill in December 2014. Then-President Barack Obama signed the bill and ever since, tribes, environmentalists and their allies have fought to stop the exchange.

Resolution has said that the mine would bring much-needed jobs and revenues to the economically challenged Copper Triangle to the tune of about $1 billion a year. The company has provided funding to support recovery from the floods that devastated downtown Globe in October and has supported other community organizations.

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In November, Resolution announced it had completed rehabilitation of the historic No. 9 shaft at the Magma minehead, including deepening it to nearly 6,900 feet and connecting it to the No. 10 shaft, which plunges about 6,940 feet below the surface.

Vicky Peacey, president and general manager of Resolution, said the shaft project was a huge milestone, employing homegrown talent from surrounding communities to get the job done.

Despite the ongoing litigation, she said, “We are ready to advance this important copper project, enabling thousands of high-paying jobs, billions in economic development for rural Arizona, and access to a domestic supply of copper essential to American security and modern infrastructure.”

Grassroots group Apache Stronghold, led by former San Carlos Apache Tribal Chairman Wendsler Nosie, filed the first lawsuit to stop the exchange. That litigation was declined twice by the U.S. Supreme Court in 2025, but Apache Stronghold continues to fight the land exchange as the group supports the other three lawsuits.

Debra Krol reports on Indigenous communities at the confluence of climate, culture and commerce in Arizona and the Intermountain West. Reach Krol at debra.krol@azcentral.com. Follow her on X, formerly known as Twitter, @debkrol and on Bluesky at @debkrol.bsky.social.

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Arizona Diamondbacks Gameday Thread, #42: 5/13 @ Rangers

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Arizona Diamondbacks Gameday Thread, #42: 5/13 @ Rangers


Last night was the seventh consecutive game where the Diamondbacks were held to six hits or fewer. That ties a franchise record, last done in April 2022, and previously in August 2011. The team’s .477 OPS over that time is actually lower than either streak, though due to the efforts of the pitching staff, Arizona are actually 3-4 during the current run. They went 2-5 in 2022, and 1-6 in 2011. There hasn’t been a longer streak in the majors since the Angels went nine in April last year. In the National League, the Pirates went eight in June 2023. And in case you are wondering, the last team to reach a double-digit streak of games with 6 or fewer hits each time? The 1968 Astros reached 11, the year before the mound was lowered.

Let’s hope the D-backs render that moot and the offense comes to life a bit. The three runs added in garbage time last night, because one of the Rangers’ relievers couldn’t find the strike-zone, certainly padded Arizona’s resume. But they were more because of walks than hits. I’ve no doubt the team will hit better. They have batted .152 over the past week. It’s the second lowest in franchise history for a seven-game span. The only worse was April 7-15, 2022 when Arizona hit a remarkable .135, going 28-for-208 in that span. They actually scored three more runs than the current streak, mostly because they had twice as many home-runs (6-3).



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Arizona Democrats debate for state’s top education job

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Arizona Democrats debate for state’s top education job


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Democrats Brett Newby and Teresa Leyba Ruiz are set to make the argument to voters that they’re the best candidates to serve as Arizona’s top education official for the next four years.

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The Arizona Republic will be streaming the Democratic debate for the Superintendent of Public Instruction race in partnership with the Arizona Media Association. The debate starts at 6 p.m. on May 13.

The office is currently held by Tom Horne, who will on May 14 face off in an Arizona Media Association debate against fellow Republican candidate Kimberly Yee, who currently serves as state treasurer.

Newby has worked as a behavioral analyst and professor, according to his campaign. He received a master’s degree in special education. His campaign has hinged on issues like downsizing the state’s controversial Empowerment Scholarship Program, retaining teachers and hiring more school counselors.

Ruiz attended Roosevelt Elementary School District and Phoenix Union High School District as a child before earning her Ph.D. from Arizona State University. She worked as a teacher at the middle and high school level before becoming president of Glendale Community College.

Like Newby, her campaign has also focused on the ESA program. She has also focused on advocating for more funding for public schools and supporting both rural and urban school districts. Ruiz has also spoken publicly about the teacher retention crisis as part of her campaign.

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Arizona Diamondbacks Gameday Thread, #41: 5/12 @ Rangers

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Arizona Diamondbacks Gameday Thread, #41: 5/12 @ Rangers


The last trip through the rotation for the Diamondbacks has been really good:

By that 5-game rolling average game score, it’s the best we’ve seen since a run around the All Star Break in 2022:

If we restrict to 5-game stretches with 5 different starters, it’s the best since September 2019:

So yeah, it’s been a while since we’ve had it this good. But this is still a far cry from the best in Diamondbacks history — the current stretch is only tied for 58th all-time. Here’s the best ever:

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The good news is that there’s still quite a lot of room for Zac Gallen to improve on his last start, which had a Game Score of only 47. Doing so would give us an even better 5-game average. A score of better than 60 would surpass the 2022 streak; 69 or better would surpass 2018. Although it would take a career-best-tying 89 (reached against the Cubs on September 8, 2023) for him to pull the overall average into a tie for the franchise record. But any improvement on his last start would bring the rolling average up in the franchise rankings.

All records queried here are courtesy of Retrosheet.



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