Institutional Analysis of Stakeholder, Rightsholder, and Public Participation under NEPA: Procedural Justice in the Case of a Proposed Arizona Copper Mine

Abstract

Copper demand is surging in the U.S. and around the world as countries embrace new forms of energy to combat climate change. But copper mining – while a key strategy to address supply shortages – can serve as a vehicle for injustice by imposing socio-ecological burdens for nearby communities. Due to the growing demand for copper with resulting justice issues, more research is needed to evaluate governance for the mining sector using an environmental justice lens. The National Environmental Policy Act (NEPA) is a key environmental regulation that governs mining in the U.S. Therefore, I used a qualitative case study approach to examine how NEPA requirements shape engagement in public comment opportunities. I selected the Resolution Copper Mine as a case study because of its potential to support the energy transition but pose a significant dilemma for justice: the mine is anticipated to generate 25 percent of the U.S. copper demand each year but disturb lands that hold spiritual significance for Native American Tribes. I used the Institutional Analysis and Development (IAD) framework to analyze institutional dynamics and evaluate the NEPA process for public participation using a procedural justice lens. Drawing on interview data and document analysis, the results show that process rules such as a land exchange bill and the lengths of comment opportunities were among the key barriers for participation. Socioeconomic conditions of communities including access to social resources (i.e. access to internet and technical assistance) and institutional trust posed further barriers for participation. Hence, this study suggests that federal decision-makers should aim to better integrate procedural justice into the NEPA process.