CRESTED BUTTE — Environmentalists are making a last-ditch effort to stop a giant mining company from taking the Red Lady to the dance.

At issue are the plans of Phelps Dodge Corp., a company with annual revenues of $11.9 billion, to begin mining molybdenum on 12,392-foot high Mount Emmons, adjacent to a ski resort known for its residents strong environmental views.

For years the city of Crested Butte, Gunnison County and the nonprofit High Country Citizens Alliance have tried to stop mining companies from developing the area. It is called the Red Lady because of the rouge color of the soil.

Now opponents of the potential mine are taking their case to the U.S. Supreme Court.

A spokesman for Phelps Dodge did immediately return a call asking for comment.

Western Mining Action, which represents the mine's opponents, contends that an 1872 mining law that allowed Phelps Dodge acquire the land for relatively low prices should be overturned because it favors private developers over the public's right to public lands.

It has argued that the transfer of land to Phelps Dodge violated federal law because the company didn't show that a molybdenum mine would be profitable as required.

''This is a question about the public's right to challenge government decisions which applies broadly, and in this individual case it is the 1872 mining law,'' said Jeff Parsons, a lawyer for Western Mining Action.

He told the Grand Junction Daily Sentinel that under the outdated law the 155 acres for the mine were sold for $5 an acre in a scenic area where housing lots start at around $224,000.

Opponents filed a lawsuit in 2004. Federal appeals court judges and a lower court have found that third parties couldn't legally challenge mining patents — essentially deeds — on public lands.

Parsons said an appeal was filed with the U.S. Supreme Court on Feb. 26. Although the question of sovereign immunity and the old mining law should be important enough issues to get the court's attention, Parsons noted the court only hears a small fraction of appeals.