Supreme Court denies Native American religious rights appeal, clearing way for massive copper mine on sacred tribal land that will supply 25% of America’s copper needs.
Key Takeaways
- The Supreme Court rejected Apache Stronghold’s appeal to block a copper mine on Oak Flat, sacred land used for religious ceremonies, despite dissent from Justices Gorsuch and Thomas.
- Resolution Copper, backed by the Trump administration, plans to develop what’s believed to be the nation’s second-largest copper deposit, potentially supplying 25% of America’s copper needs.
- A 2014 Congressional land swap transferred 9.71 sq km of federal land to Resolution Copper, with the 9th Circuit Court ruling the transfer didn’t “substantially burden” religious rights.
- The case highlights the tension between economic development and religious liberty, with critics warning the mine will create a massive crater 3 km wide and 304 meters deep.
- Apache leaders vow to continue fighting through other legal and legislative channels despite this significant setback to their claims under the Religious Freedom Restoration Act.
Economic Opportunity Prevails Over Religious Claims
The Supreme Court’s decision to decline hearing Apache Stronghold’s appeal effectively ends a years-long battle to prevent copper mining on land sacred to the San Carlos Apache tribe. The land in question, known as Oak Flat or Chi’chil Bildagoteel, sits in Arizona’s Tonto National Forest and has been used by indigenous people for prayer, ceremonies, and burials for generations. Resolution Copper, a subsidiary of mining giants Rio Tinto and BHP, now has the green light to develop what is believed to be the second-largest copper deposit in the world, following a 2014 Congressional land swap that transferred the property from federal ownership.
“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,” said Wendsler Nosie Sr., leader of Apache Stronghold.
Copper Mine Promises Economic Benefits While Raising Religious Liberty Concerns
The copper project, strongly supported by the Trump administration, represents a significant economic opportunity. The mine is projected to supply approximately 25% of America’s copper needs and could produce up to 40 billion pounds of copper over its lifetime. Resolution Copper has emphasized its commitment to working with local communities, though tribal representatives remain unconvinced. This decision comes at a time when domestic mineral production has become increasingly important for energy infrastructure and national security concerns, making the project strategically valuable despite the religious liberty concerns raised by Apache advocates.
“extensive consultation” with Native American tribes has occurred and “ongoing dialogue will continue to shape the project,” said Vicky Peacey, senior manager for Resolution Copper.
Conservative Justices Split on Religious Liberty Question
The Supreme Court’s decision was not unanimous, with conservative Justices Neil Gorsuch and Clarence Thomas expressing strong dissent. Their opposition highlights divisions even among conservative jurists about how to interpret religious freedom protections. The 9th U.S. Circuit Court of Appeals previously ruled 6-5 that the land transfer did not “substantially burden” the tribe’s religious rights, despite tribal arguments that the project would destroy their ability to practice ancient ceremonies that cannot be conducted elsewhere. The dissenting justices viewed this ruling as a significant departure from the protections afforded by the Religious Freedom Restoration Act.
“While this Court enjoys the power to choose which cases it will hear, its decision to shuffle this case off our docket without a full airing is a grievous mistake — one with consequences that threaten to reverberate for generations,” said Neil Gorsuch, Supreme Court Justice.
Environmental and Cultural Impact Concerns
The planned mining operation has raised significant environmental concerns alongside the religious freedom issues. Critics warn that the block-cave mining technique will eventually create a massive crater approximately 3 kilometers wide and 304 meters deep, permanently altering the landscape. The Apache tribe has maintained that this destruction would effectively eliminate their ability to conduct religious practices that are site-specific and cannot be relocated. Despite these concerns, the economic potential of the project has remained the dominant consideration for lawmakers and courts throughout the approval process.
“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,” stated Apache Stronghold in their court filing.
Historical Context of Broken Promises
The dispute over Oak Flat is set against a historical backdrop of broken promises to Native American tribes. The land was originally controlled by the federal government, with an 1852 treaty promising to protect Apache interests. The San Carlos Apache tribe maintains that this treaty has been repeatedly violated, with the 2014 land swap representing the latest in a long series of government actions undermining tribal sovereignty and religious practices. The Supreme Court’s rejection of their appeal adds another chapter to this contentious history, even as tribal representatives vow to pursue other avenues for protecting their sacred site.
