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In a victory for manufacturers in the United States, a federal appellate court—for the second time—has preserved the ability for the Resolution Copper project to move forward with construction.

• The NAM, a longtime champion of this project both in the courts and in the public arena, filed a amicus brief urging the Ninth District to allow Resolution Copper’s congressionally mandated land exchange to proceed.

The details: “In a 40-page opinion, U.S. Circuit Judge Milan Smith wrote for the panel that the Forest Service met its responsibilities under the National Environmental Policy Act by analyzing environmental impact and considering possible alternatives in its final environmental impact statement, which the plaintiffs challenged” ( Courthouse News Service).

• “The record shows that the agency adequately considered possible alternatives and reasonably rejected them due to technical and economic infeasibility,” Smith, a George W. Bush appointee, wrote. 

A win for manufacturers: “The completion of Resolution Copper’s land exchange is a monumental milestone for our nation and the manufacturing industry’s efforts to ensure U.S. supply chains have reliable access to the raw materials that power our economy,” said NAM President and CEO Jay Timmons.

• “We appreciate the leadership of the Trump administration, the Department of the Interior, the Department of Agriculture, the Bureau of Land Management and Congress for getting this extremely important land exchange across the finish line.”

 Importance of copper: “The significance of this moment cannot be overstated. The U.S. imports about 35% of its copper,” Timmons continued.

• “At full capacity, Resolution Copper—the third-largest known copper deposit in the world—could supply a quarter of all U.S. copper demand and as much as 40 billion pounds of copper over 40 years, securing access to critical minerals that are essential to our nation’s economic strength and national security.”
• “This would also reduce our reliance on adversarial nations for minerals and boost energy and critical national defense systems.”

The big picture: This victory for Resolution Copper highlights the importance of the NAM’s two major advocacy pushes this week.

• Yesterday, the NAM released a groundbreaking analysis of the costs of permitting delays—such as the ones that the Resolution Copper project has undergone. The NAM found that America’s broken permitting system costs manufacturers at least $7.9 billion each year, highlighting the need for bipartisan, comprehensive permitting reform.
• Today, the NAM released a comprehensive critical minerals strategy, which underscores the need for new sources of minerals like copper—minerals that will allow the U.S. to outcompete China and maintain its global dominance.

The last word: This is “the kind of outcome manufacturers need to see more often: one that protects key landscapes, unlocks critical resources and advances America’s economic and national security,” Timmons concluded.