Apache Stronghold urges federal court to save Oak Flat Apaches ask district court to pause government’s rush to transfer sacred site

WASHINGTON – A coalition of Western Apaches, other Native peoples, and non-Native allies was in federal district court today to stop the U.S. government from handing over their sacred site at Oak Flat to a multinational mining giant for destruction. In Apache Stronghold v. United States, the federal government recently announced that as early as June 16, 2025, it will transfer 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). Apache Stronghold filed an emergency appeal in the lower court to block the transfer while the Supreme Court considers the case. The judge said that he would issue a ruling by May 14.  

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 seventy years. 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 federal government and Resolution Copper have put Oak Flat on death row—they are racing to destroy our spiritual lifeblood and erase our religious traditions forever,” said Dr. Wendsler Nosie Sr. of Apache Stronghold. “In the courtroom, we asked the judge to immediately block the land grab so that the Supreme Court can protect Oak Flat before it’s too late.”  

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.  Now the Supreme Court is considering whether to hear the case.   

“The feds are brazenly rushing to hand Oak Flat over to Resolution Copper, even while the Supreme Court considers whether to hear the case,” said Luke Goodrich, vice president and senior counsel at Becket. “We are asking the court to protect Oak Flat while the Justices consider whether to take the case.” 

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 [email protected] or 202-349-7219.