Supreme Court rejects Indigenous coalition’s appeal over mine’s threat to sacred site

WASHINGTON (OSV News) — The U.S. Supreme Court on May 27 rejected an appeal from a coalition of Western Apache people, along with other Native American and non-Indigenous supporters, that sought to protect their sacred site at Oak Flat, Ariz., from destruction by a copper mining giant.

The high court left in place lower court decisions that will permit the transfer of Oak Flat in Tonto National Forest to Resolution Copper, a foreign-owned mining company. An environmental impact report for the project mandated by the National Environmental Protection Act estimated that mining the site would result in a crater nearly 2 miles in diameter and about 800 to 1,000 feet deep. The Trump administration has signaled it planned to allow the mining project to move forward.

In a dissent, Justice Neil Gorsuch, joined by Justice Clarence Thomas, argued the court made “a grave mistake” in declining the case, arguing it met their standards for hearing the appeal.

“Before allowing the government to destroy the Apaches’ sacred site, this Court should at least have troubled itself to hear their case,” he wrote.

Oak Flat — about 70 miles outside of Phoenix — is considered a sacred site by the region’s Indigenous peoples and is on the National Register of Historic Places. However, after the discovery of copper deposits on the land, in December 2014, Congress authorized the U.S. Forest Service to swap the land for other sites with Resolution Copper and lifted a mining ban on Oak Flat, known by the Apache as Chi’chil Bildagoteel.

The U.S. Conference of Catholic Bishops, the Knights of Columbus, and Notre Dame Law School’s Lindsay and Matt Moroun Religious Liberty Clinic were among the religious groups that filed friend of the court briefs, also known as amicus briefs, in support of Apache Stronghold. Several of the group’s supporters from a range of religious organizations argued the case had implications for the scope of the Religious Freedom Restoration Act, arguing lower courts improperly narrowed its interpretation in the case.

Wendsler Nosie Sr. of Apache Stronghold, the non-profit representing the Apache-led coalition, said in a statement, “We will never stop fighting — nothing will deter us from protecting Oak Flat from destruction.”

“While this decision is a heavy blow, our struggle is far from over,” Nosie said. “We urge Congress to take decisive action to stop this injustice while we press forward in the courts.”

Vicky Peacey, general manager of Resolution Copper, said in a statement, “The Resolution Copper mine is vital to securing America’s energy future, infrastructure needs, and national defense with a domestic supply of copper and other critical minerals.”

“We are encouraged by the significant community support for the project, which has the potential to become one of the largest copper mines in America, add $1 billion a year to Arizona’s economy, and create thousands of local jobs in a region where mining has played an important role for more than a century,” Peacey said, adding there would be “ongoing dialogue” with Indigenous peoples.

But Luke Goodrich, vice president and senior counsel at Becket, a religious liberty law firm representing the plaintiffs, said in a statement, “It is hard to imagine a more brazen attack on faith than blasting the birthplace of Apache religion into a gaping crater.”

“The Court’s refusal to halt the destruction is a tragic departure from its strong record of defending religious freedom,” Goodrich said. “We will do everything in our power to ensure that the Apaches can continue worshiping at Oak Flat as they have for generations.”

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