BREAKING: Supreme Court refuses plea to protect Oak Flat Apache Stronghold vows to continue fighting to save sacred site from destruction

WASHINGTON – The Supreme Court today refused to protect a Western Apache sacred site, Oak Flat, from destruction by a Chinese-owned mining giant. In Apache Stronghold v. United States, a coalition of Apaches, other Native peoples, and non-Native allies will now continue to fight in court to stop the government from transferring Oak Flat to Resolution Copper and turning the site into a massive mining crater, ending Apache religious practices forever (Watch this short video to learn more). Justice Gorsuch, joined by Justice Thomas, dissented from the Court’s refusal to hear the appeal, saying that the Court’s “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.”  

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 as a Western Apache Traditional Cultural Property and National Historic District. Oak Flat 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 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. Rio Tinto’s largest shareholder is Chinalco, which is owned and controlled by the Chinese government. 

“We will never stop fighting—nothing will deter us from protecting Oak Flat from destruction,” said Dr. Wendsler Nosie Sr. of Apache Stronghold. “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 the courts.”  

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.  

“It is hard to imagine a more brazen attack on faith than blasting the birthplace of Apache religion into a gaping crater,” said Luke Goodrich, vice president and senior counsel at Becket. “The Court’s refusal to halt the destruction is a tragic departure from its strong record of defending religious freedom. We will do everything in our power to ensure that the Apaches can continue worshiping at Oak Flat as they have for 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.