BREAKING: Federal court halts destruction of Oak Flat Judge blocks feds’ rush to transfer Indigenous sacred site to foreign mining giant for destruction

WASHINGTON – A federal court today blocked the U.S. government from plowing ahead with plans to hand over the Western Apaches’ most 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 would 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—a coalition of Western Apaches, other Native peoples, and non-Native allies—filed an emergency request to halt the transfer while the Supreme Court considers its case. A federal court granted that request today, with Judge Steven P. Logan concluding, “There is no close question in this matter. It is abundantly clear that the balance of equities ‘tips sharply’ in Plaintiff’s favor, and … they have presented serious questions on the merits that warrant the Supreme Court’s careful scrutiny.” 

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. “We are grateful the judge stopped this land grab in its tracks so that the Supreme Court has time to protect Oak Flat from destruction.” 

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.   

“The feds have absolutely no reason to ram through the transfer of Oak Flat while our case is standing on the doorstep of the Supreme Court,” said Luke Goodrich, vice president and senior counsel at Becket. “This ruling ensures that Oak Flat remains protected as the legal process continues, giving the Supreme Court time to decide if cherished Apache rituals can continue for future generations.” 

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.