Above photo: Scott Henrichsen Photography.
Washington – A coalition of Western Apaches, other Native peoples, and non-Native allies asked a federal court late yesterday to stop the U.S. government from handing over their sacred site at Oak Flat to a multinational mining giant as early as June 16, 2025. In Apache Stronghold v. United States, the Ninth Circuit Court of Appeals last year refused to stop the federal government from transferring Oak Flat to Resolution Copper, a Chinese-owned mining company that plans to turn the site into a massive mining crater, ending Apache religious practices forever (Watch this short video to learn more). The emergency appeal comes after the government announced last week it will forge ahead with the transfer even though the case is currently under consideration by the U.S. Supreme Court.
Since time immemorial, Western Apaches and other Native peoples have gathered at Oak Flat, outside of present-day Superior, Arizona, for sacred religious ceremonies that cannot take place anywhere else. Known in Apache as Chi’chil Biłdagoteel, Oak Flat is listed in the National Register of Historic Places and has been protected from mining and other harmful practices for decades. These protections were targeted in December 2014 when a last-minute provision was slipped into a must-pass defense bill authorizing the transfer of Oak Flat to the Resolution Copper company. Resolution Copper now plans to turn the sacred site into a two-mile-wide and 1,100-foot-deep crater. The majority owner of Resolution Copper, Rio Tinto, sparked international outrage when it deliberately destroyed 46,000-year-old Indigenous rock shelters at one of Australia’s most significant cultural sites.
“The feds are barreling ahead to give Oak Flat to Resolution Copper, even as the Supreme Court considers whether to hear the case,” said Luke Goodrich, vice president and senior counsel at Becket. “We’re asking the courts to stop this move in its tracks and ensure justice can be delivered before Oak Flat is permanently destroyed.”
Apache Stronghold filed this lawsuit in January 2021 seeking to halt the proposed mine at Oak Flat. The mine is opposed by 21 of 22 federally recognized tribal nations in Arizona, by the National Congress of American Indians, and by a diverse coalition of religious denominations, civil-rights organizations, and legal experts.
Meanwhile, national polling indicates that 74% of Americans support protecting Oak Flat. The Ninth Circuit ruled 6-5 last year that the land transfer is not subject to federal laws protecting religious freedom. But five judges dissented, writing that the court “tragically err[ed]” by refusing to protect Oak Flat.
“Oak Flat is our spiritual lifeblood—the sacred place where generations of Apache have connected with our Creator,” said Dr. Wendsler Nosie Sr. of Apache Stronghold. “We are asking the courts to protect Oak Flat just as they have protected the sacred places of other faiths across the country.”
In addition to Becket, Apache Stronghold is represented by Erin Murphy of Clement & Murphy PLLC, Professor Stephanie Barclay of Georgetown Law School, and attorneys Michael V. Nixon and Clifford Levenson.
