SAN FRANCISCO, California: Upholding a previous ruling and rejecting objections from Native Americans, on March 1, the San Francisco-based 9th U.S. Circuit Court of Appeals ruled that the federal government may give away thousands of acres in Arizona to Rio Tinto for a copper mine.

The 6-5 ruling defers to a decision made by the U.S. Congress and then-President Barack Obama in 2014 to give the land to Rio and minority partner BHP for the Resolution Copper project.

The decision is the latest blow to the nonprofit Apache Stronghold, a group representing the San Carlos Apache tribe and others who opposed the mine, as they claimed it would destroy a site where indigenous ceremonies have been held for generations.

The mine’s proponents argue that if constructed, it would supply more than a quarter of U.S. copper demand for the renewable energy transition.

Luke Goodrich, a Becket Law attorney representing Apache Stronghold, said, “This ruling is illogical and it’s unjust.”

The group said it would appeal to the Supreme Court as it believes that it has a strong case, considering how closely divided the appeals court was, Goodrich added.

In their 253-page ruling, the judges argued over whether a land transfer by the government could prevent some from exercising their religious beliefs.

The majority ruled that because it would not mean that the government would force the tribe to stop worshiping their deities, the land transfer would not be a “substantial burden” on the San Carlos Apache’s religious rights.

Vicky Peacey, head of the Resolution project for Rio, said the company welcomed the decision and would continue to talk with tribes “as we seek to understand and address the concerns that have been raised.”

The six judges in the majority were appointed by Republican presidents, including five appointed by Trump. Four of the five dissenting judges were appointed by Democratic presidents.