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Feds Pause Progress Of Mine That Will Destroy Sacred Indigenous Site

San Francisco, CA - The federal government has temporarily halted plans to construct a copper mine on sacred Indigenous land in Arizona known as Oak Flat, citing an error in oral arguments made at a March hearing. The U.S. Department of Justice (DOJ) official filed a letter to the 9th Circuit Court of Appeals on Thursday, May 18, saying it made an error during oral arguments on March 21 when the 9th Circuit reheard Apache Stronghold v. United States, a case that encapsulates a nearly decade-long fight to save the land sacred to the San Carlos Apache Tribe. The letter states that the government was mistaken about when the U.S. Forest Service would issue the Environmental Impact Statement (EIS), which would finalize a land exchange between the U.S. Forest Service and Resolution Copper, kickng off construction of the mine.

Ox Sam Camp/PeeHee Mu’Huh Ordered To Leave Or Face Arrest

Orovada, Nevada — For nearly two and a half years, local Native American tribes and leaders have been trying to stop the Thacker Pass lithium project, an open-pit mine that will destroy a sacred site. But despite lawsuits, rallies, regulatory hearings, and community organizing, Lithium Nevada Corporation has now begun construction of the mine at the place Paiutes call “Peehee Mu’huh,” or rotten moon. But the construction has not gone unopposed. On May 11th, Native Americans from the Fort McDermitt Paiute-Shoshone and other regional tribes set up a tipi at Thacker Pass and began prayers directly in the path of the construction of Lithium Nevada’s water pipeline.

The Biden Administration Is Preparing To Approve A Copper Mine On Oak Flat

San Carlos Apache Reservation— San Carlos Apache Tribe Chairman Terry Rambler today sharply criticized reports that the Biden Administration is preparing to approve the proposed Resolution Mine that would destroy sacred Indigenous land located at Oak Flat on the Tonto National Forest about 70 miles east of Phoenix. “Obliterating Oak Flat for a copper mine will be a grave human rights violation against Indigenous people and an environmental catastrophe,” Chairman Rambler said. “Only China and shareholders of the two largest foreign mining companies in the world will benefit.”  Resolution Copper Company wants to construct one of the largest copper mines in the world using a mining plan that will destroy Oak Flat, which is listed on the National Register of Historic Places as a Traditional Cultural Property.  

Apache Stronghold Granted New Hearing On Copper Mine

After a divided ruling, the U.S. Court of Appeals for the Ninth Circuit has agreed to rehear the case “en banc”—meaning in front of a full panel of eleven judges. Oral argument will be held at 10:00 a.m. on Tuesday, March 21, 2023, in Courtroom Three of the Richard H. Chambers Courthouse, located at 125 South Grand Avenue in Pasadena, California 91105. In June of this year, a panel of three Ninth Circuit court judges ruled 2:1 against Apache Stronghold, with Judge Berzon dissenting and calling the ruling “illogical,” “incoherent,” “flawed,” and “absurd.” Now, a majority of the Ninth Circuit’s 29 active judges has voted to rehear the case and will convene a special panel of eleven judges to decide whether the law allows the government to destroy sacred sites. 

Native American Sacred Sites Are Being Damaged At Thacker Pass

Nevada - The Thacker Pass Lithium Mine in northern Nevada is headed back to Federal Court on January 5th as the lawsuits against the project near completion, but project opponents are raising the alarm that Lithium Nevada Corporation has already begun work on the proposed mine. Lithium Nevada’s workers at Thacker Pass have begun digging test pits, bore holes, dumping gravel, building fencing, and installing security cameras where Native Americans often conduct ceremonies. Lithium Nevada also conducted “bulk sampling” earlier this year, and may be planning to dig dozens of new test pits across Thacker Pass. They are claiming this work is legal under previous permits issued over a decade ago. But tribes and mine opponents, including the Reno-Sparks Indian Colony and Summit Lake Paiute Tribe, disagree.

Apaches Get Rehearing In Fight To Preserve Oak Flat

Arizona - A federal appeals court will rehear Apache Stronghold’s case against the United States to save the sacred site of Oak Flat, a 6.7-square-mile stretch of land east of Phoenix that a private venture is seeking to turn into an underground copper mine. The 9th U.S. Circuit Court of Appeals announced Thursday (Nov. 17) that it will rehear the case in front of a full 11-judge court instead of the original three-judge panel. Earlier this summer, the divided federal appeals court, in a 2-1 ruling, held that the government could proceed with the transfer of Oak Flat to Resolution Copper, a company owned by the British-Australian mining giant Rio Tinto. It ruled that Apache Stronghold, a nonprofit working to protect Oak Flat, failed to show a substantial burden on its religious exercise.

Clint Halftown, US-Enabled Tyrant Of The Cayugas

It was a dark, cold Saturday morning in late February 2020, and pandemic lockdowns were less than a month away. Leanna Young was lying in bed, still sleepy. On days like this, her husband would get picked up by her brother, Daren, who worked security at a Gayogo̱hó:nǫ’ (Cayuga) community center on Cayuga territory. Her husband worked there, too. Most of the adults in her family did—it provided them with jobs, with financial stability. But by 6:05AM on Feb. 22, Leanna could still hear her husband in the kitchen. “Jesus, why is he still here?” she wondered. “He’s supposed to be clocked in by now.” Many of the kids in the community had spent the night at Grandma Wanda’s. For Leanna’s eight-year-old daughter, Evee, it was her first sleepover.

Struggle To Save Oak Flats Exposes Ravages Of Colonization, Capitalism

In 2014, Congress used a midnight rider added to the National Defense Authorization Act (NDAA) to hand the Indigenous Sacred Land at Oak Flats in Arizona over to a subsidiary of Rio Tinto, Resolution Copper, to mine, which would destroy the land and pollute the local water. Apache Stronghold and its allies are fighting to protect the land and with it, their cultural identity and religious freedom. A new Bureau of Land Management report and conflict within the Ninth Circuit Court are promising for them. Clearing the FOG speaks with Dr. Wendsler Nosie, Sr. about the significance of Oak Flats and how it exposes the ways colonization and capitalism harm and threaten the existence of most people in the United States, not just the Native American population. Dr. Nosie discusses spirituality, ancient prophecies and the urgent need to work together to change course.

Hawaii Law Could Break Years-Long Astronomy Impasse

The state of Hawaii has set up a new way to manage the mountain Maunakea, the summit of which is home to many world-class astronomical observatories. A law signed by Hawaii’s governor on 7 July removes the University of Hawaii from its role as the main authority overseeing the land on which the telescopes sit, and gives that responsibility to a newly established group with much broader representation of the community, including Native Hawaiians. Many hope that the shift will mark a path forwards for astronomy in Hawaii, after a years-long impasse over the future of telescopes on Maunakea. Since 2015, some Native Hawaiians have intermittently blocked the road to the summit, primarily to prevent the start of construction of the Thirty Meter Telescope (TMT) — a next-generation observatory that will have a huge light-gathering mirror to make astronomical discoveries.

Tribes And Water Protectors Ward Off New Black Hills Gold Rush

Native nations and citizen watchdogs were prepared to take action against the permitting, because this is not the first time the federal agency has moved to allow the renewal of large-scale mining at these headwaters of the Missouri and Mississippi rivers. Four toxic Superfund sites are the result of water pollution from the mining over the past 70 years. Two generations of Lakota and settler descendants have worked across and through cultural differences to prevent any more of the same. Taxpayers already are footing the bill for the cleanup of hazardous heavy metals used in modern mining: cyanide, arsenic, chromium III and VI, copper, lead, mercury, nickel, selenium, silver, thallium, and zinc. About $100 million of public money has been spent on runoff at just one of the sites, which generates approximately 95 million gallons of poisonous acid rock drainage a year.

Annual Run To Raise Awareness About Sacred Site Mount Graham

A group of Indigenous activists and their allies will run from the San Carlos Apache Reservation to the summit of Mount Graham starting Thursday to honor one of their most sacred sites and to commemorate the beginnings of a local Native grassroots movement to preserve Indigenous sacred places. The 31st Annual Mount Graham Sacred Run begins at the Old San Carlos Monument, the site of the original Indian agency and military post, dating to when Apache people were first restricted to the San Carlos Reservation. It will continue along state and local highways to the summit of Mount Graham, one of the Southwest's Sky Islands.  "We're headed back to where we started," said Wendsler Nosie. The longtime tribal rights activist and former San Carlos Apache Tribe chairman is also the head of grassroots group Apache Stronghold, which is organizing the event. 

Skiing On A Sacred Mountain

Flagstaff, Arizona - Hopi farmer Bucky Preston talks to the clouds that form atop Arizona’s tallest mountain. And they talk back. For 2,000 years, communication with the sky has been an important traditional farming method of the Hopi and their Puebloan ancestors. The clouds drift with Hopi prayers from the mountain they call Nuva’tukya’ovi – “place of snow on the very top” – to the tribe’s villages, providing life-giving rain and spiritual sustenance to the oldest continuously inhabited community in North America. But last fall, the sacred conversation fell silent. “I did not have a harvest,” says Preston, 72. “It was the first time in my life that happened.” He says other farmers, who grow without chemical fertilizer or irrigation, experienced the same.

How Laws Keep Indigenous People From Protecting Sacred Spaces

Phoenix – Tourists speeding toward Grand Canyon National Park rarely notice the rocky protuberance that juts above the flat expanse of Arizona's Coconino Plateau. But to the Havasu 'Baaja, known to the world as the Havasupai Tribe or "People of the Blue-Green Water," the isolated hill forms the center of their lands and spiritual life. Red Butte (Wii'I Gdwiisa or "Clenched Fist Mountain") is the abdomen of Mother Earth. Mat Taav Tiivjunmdva, a meadow about 3 miles north of the distinctive mountain close to the Canyon's South Rim, is her navel. But Red Butte and Mat Taav Tiivjunmdva are part of the Kaibab National Forest and do not lie within the trust land borders of the Havasupai, who were evicted from Grand Canyon National Park in 1919.

USDA Pauses Land Transfer Of Oak Flat To Mining Company

Washington, DC - Citing the Presidential Memorandum signed by President Joe Biden on Jan. 26 on tribal consultation and strengthening nation to nation relationships, the U.S. Dept. of Agriculture (USDA) has put on hold the transfer of 5,439 acres of high-value conservation land in Arizona to Resolution Copper. The acres include Chich’il Bildagoteel, known as Oak Flat, which is the heart of several southwest tribal religious and cultural beliefs. During the last days of the Trump administration, federal officials attempted to speed up the transfer to Resolution Copper that would mine the land. On January 15, 2021, five days before Trump left the presidency, the Tonto National Forest released the Resolution Copper Project Final Environmental Impact Statement (FEIS) and draft Record of Decision (ROD) for objection.

Judge Refuses Injunction To Stop Sacred Oak Flat Destruction

Phoenix, AZ – This afternoon, U.S. District Court Judge Steven Logan denied Apache Stronghold's request for an injunction preventing the giveaway and destruction of sacred Oak Flat to Rio Tinto/Resolution Copper.  Judge Logan said that Apache Stronghold has no right to ask the Court for help because they are not an officially designated a "sovereign nation."  Judge Logan said that the U.S. Government has no Trust Responsibility to the Apache even though their Treaty of 1852 says, "the government of the United States shall so legislate and act as to secure the permanent prosperity and happiness of said Indians." 
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