WASHINGTON – A coalition of Western Apaches, other Native peoples, and non-Native allies asked the Supreme Court today to protect their sacred site at Oak Flat from destruction by a multinational mining giant. In Apache Stronghold v. United States, the Ninth Circuit Court of Appeals refused to stop the federal government from transferring Oak Flat to Resolution Copper, a foreign-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 Apaches and their allies hosted a day of prayer outside the Court as they asked the Justices to save the spiritual lifeblood of their people.
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 inserted into a must-pass defense bill authorizing the transfer of Oak Flat to the Resolution Copper company. Resolution Copper is a foreign-owned mining company that 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.
“Oak Flat is our Mt. Sinai—the most sacred place where generations of Apache have come to connect with our Creator, our faith, and our land,” said Dr. Wendsler Nosie Sr. of Apache Stronghold. “We pray the Justices will protect Oak Flat and ensure that our place of worship is not treated differently simply because it lacks four walls and a steeple.”
Apache Stronghold—a coalition of Apaches, other Native peoples, and non-Native allies—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 and by the National Congress of American Indians. Meanwhile, national polling indicates that 74% of Americans support protecting Oak Flat. The Ninth Circuit ruled earlier this 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. After unsuccessfully asking all 29 judges on the Ninth Circuit to rehear the case, Apache Stronghold has filed their appeal to the Supreme Court.
“Blasting the birthplace of Apache religion into oblivion would be an egregious violation of our nation’s promise of religious freedom for people of all faiths,” said Luke Goodrich, vice president and senior counsel at Becket. “The Court should uphold its strong record of defending religious freedom by ensuring that the Apaches can continue worshiping at Oak Flat as they have for centuries.”
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.
For more information or to arrange an interview, contact Ryan Colby at media@becketlaw.org or 202-349-7219.
Reposted from Becket Law