Eleven 9th Circuit judges urge the Supreme Court to revisit the Oak Flat ruling

Rio Tinto/Resolution Copper

The Ninth Circuit again declined to rehear challenges to the Oak Flat land exchange, but 11 of its judges, including Chief Judge Mary Murguia, dissented and urged the Supreme Court to intervene. Resolution Copper called it another ruling in its favour. The land has been in Resolution's hands since March.

• Murguia wrote the court missed a second chance to fix a 'tragic error'.
• Plaintiffs include the Center for Biological Diversity, Earthworks and the Inter Tribal Association of Arizona.
• More than 2,400 acres were transferred in March 2026.