Apache Stronghold Granted New Hearing On Copper Mine
After a divided ruling, the U.S. Court of Appeals for the Ninth Circuit has agreed to rehear the case “en banc”—meaning in front of a full panel of eleven judges. Oral argument will be held at 10:00 a.m. on Tuesday, March 21, 2023, in Courtroom Three of the Richard H. Chambers Courthouse, located at 125 South Grand Avenue in Pasadena, California 91105.
In June of this year, a panel of three Ninth Circuit court judges ruled 2:1 against Apache Stronghold, with Judge Berzon dissenting and calling the ruling “illogical,” “incoherent,” “flawed,” and “absurd.” Now, a majority of the Ninth Circuit’s 29 active judges has voted to rehear the case and will convene a special panel of eleven judges to decide whether the law allows the government to destroy sacred sites.