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The U.S. Supreme Court has declined to hear an appeal from a coalition of Western Apache people and their supporters, who sought to protect the sacred site of Oak Flat in Arizona from a proposed copper mining project. This decision leaves in place lower court rulings that allow for the transfer of Oak Flat, located within Tonto National Forest, to Resolution Copper, a foreign-owned mining company.
An environmental impact report required by the National Environmental Protection Act indicates that the mining project would result in a significant crater at the site. The Trump administration had previously signaled its intention to permit the project.
Justice Neil Gorsuch, joined by Justice Clarence Thomas, dissented from the court's decision not to hear the case. He stated that "before allowing the government to destroy the Apaches’ sacred site, this Court should at least have troubled itself to hear their case."
Oak Flat is recognized as a sacred site by Indigenous peoples and is listed on the National Register of Historic Places. In 2014, Congress authorized a land swap between the U.S. Forest Service and Resolution Copper after discovering copper deposits there.
Several Catholic religious groups submitted amicus briefs supporting Apache Stronghold, arguing that lower courts misinterpreted the Religious Freedom Restoration Act in this case. Wendsler Nosie Sr., representing Apache Stronghold, expressed determination to continue efforts against what he described as an injustice.
Vicky Peacey of Resolution Copper highlighted community support for the mine and its potential economic benefits while emphasizing ongoing dialogue with Indigenous groups.
Luke Goodrich from Becket criticized the court's decision as an attack on religious freedom and vowed continued efforts to protect Apache worship at Oak Flat.
The Supreme Court's rejection of this appeal marks a setback for those opposing the mine but underscores ongoing legal and legislative battles over sacred sites and resource extraction.
