The U.S. Supreme Court has declined to hear Apache Stronghold v. United States, a case that challenged the federal government’s planned transfer of Oak Flat—a sacred site in Arizona’s Tonto National Forest—to a copper mining company. The decision allows the land swap to proceed, enabling Resolution Copper, a partnership between mining giants Rio Tinto and BHP, to develop one of the world’s largest known underground copper mines.
Oak Flat, known as Chi’chil Biłdagoteel in the Apache language, is held sacred by the San Carlos Apache Tribe and other Apache communities. For centuries, it has been a site of ceremonies, prayer, and cultural renewal.
Apache Stronghold, a nonprofit religious organization led by former tribal chairman Dr. Wendsler Nosie Sr., brought the case forward under the Religious Freedom Restoration Act (RFRA), arguing that the destruction of Oak Flat would effectively eliminate the ability to practice core religious ceremonies tied to the land.
Despite the Biden administration’s decision to pause the transfer for further tribal consultation, the Ninth Circuit Court of Appeals ruled that the federal government could lawfully proceed. The Supreme Court’s refusal to review the case lets that decision stand.
Justice Neil Gorsuch, joined by Justice Clarence Thomas, issued a rare dissent from the denial, warning that the planned destruction of Oak Flat “tramples religious liberties” and disregards sacred tribal traditions. Justice Samuel Alito recused himself due to reported financial ties to BHP.
Justice Gorsuch argued that the Court should have reviewed the case, stating, “Before allowing the government to destroy the Apaches’ sacred site, this Court should at least have troubled itself to hear their case.”
Read the entire dissent below.
The site lies within federally managed land, but Resolution Copper already holds a mineral lease from the U.S. Forest Service that allows it to explore and develop copper beneath the surface. Though Oak Flat is protected by executive order on the surface, that protection does not extend to subsurface mining, and the Forest Service has allowed extensive mineral activity. The agency is now reissuing an environmental impact statement, which must be finalized before the land exchange is triggered. Once the transfer is complete, the federal government will lose jurisdiction, and the company will have complete control over the land.
For tribal leaders, the loss of Oak Flat would not simply be spiritual—it would also represent a historic betrayal. In 1852, the United States signed the Treaty of Santa Fe with several Apache bands, including those led by Mangas Coloradas. That treaty, ratified by the U.S. Senate, promised peace and mutual protection. While it did not create permanent land boundaries, the treaty stated that if U.S. citizens encroached unlawfully on Apache territory, they would be removed and prosecuted. Apache leaders say the planned destruction of Oak Flat for a foreign-owned copper mine is in direct conflict with the treaty’s intent and the broader principle of government trust responsibility.
Dr. Nosie, who has led prayer camps at Oak Flat, responded to the Supreme Court’s decision with defiance and resolve.
“We will never stop fighting—nothing will deter us from protecting Oak Flat from destruction,” he said in a statement released by Apache Stronghold and the Becket Fund for Religious Liberty. “While this decision is a heavy blow, our struggle is far from over. We urge Congress to take decisive action to stop this injustice while we press forward in the courts.”
He and others continue to call on lawmakers to repeal the land transfer provision that was quietly inserted into the 2014 National Defense Authorization Act. Legislation introduced in recent sessions would permanently protect Oak Flat as a cultural and religious site, but these efforts have not yet been passed.
In March 2023, Representative Raúl M. Grijalva (D-AZ) introduced the “Save Oak Flat From Foreign Mining Act” (H.R. 1351) during the 118th Congress. This bill seeks to repeal Section 3003 of the 2015 National Defense Authorization Act, which authorized the transfer of approximately 2,422 acres of the Tonto National Forest, known as Oak Flat, to Resolution Copper, a company jointly owned by foreign mining corporations Rio Tinto and BHP.
Support for the bill extends beyond tribal communities. Environmental organizations, religious freedom advocates, and conservation groups have endorsed the legislation, emphasizing the need to protect sacred Indigenous sites and preserve environmental resources. Despite this support, the bill has yet to advance to a vote in the House.
For more detailed information on the bill and its current status, you can visit the official Congress website: H.R. 1351 – Save Oak Flat From Foreign Mining Act.
The General Mining Act of 1872 has played a significant role in the development of mining activities on federal lands, including areas like Oak Flat in Arizona. Enacted to promote the exploration and extraction of valuable minerals, this law allows U.S. citizens to stake mining claims on public lands without paying royalties to the federal government. Under this act, mining companies can claim rights to minerals beneath federal lands, which has facilitated projects such as the proposed Resolution Copper mine at Oak Flat.
Resolution Copper maintains that it has spent years conducting environmental studies and consulting with tribal groups. The company argues that the mine will be critical to meeting U.S. demand for copper, a key component in electric vehicles, renewable infrastructure, and modern electronics. The mine is expected to generate over $1 billion annually for Arizona’s economy and create thousands of jobs. Opponents, however, warn that the mining method will collapse the land into a crater nearly two miles wide and up to a thousand feet deep, devastating the ecosystem, damaging aquifers, and erasing centuries of spiritual heritage.
Oak Flat remains in active ceremonial use. The San Carlos Apache are joined by other tribes, including the White Mountain Apache, Tonto Apache, and Yavapai-Apache Nation, in their continued resistance. For them, the fight is about more than a piece of land; it’s about the survival of a spiritual world they’ve inhabited long before the United States existed.
“We don’t lose until we give up,” said Nosie. “And we’re not giving up.”
Editor’s Note: When we must destroy our Natural Resources that are sacred to the Native people of this land to fill our pockets and our vehicles, we can honestly say, “We have hit rock bottom as a Nation.”
