WASHINGTON – The U.S. Supreme Court’s decision to decline a petition from the Native American advocacy group Apache Stronghold effectively allows the federal government to proceed with construction of a copper mine on Oak Flat, a sacred ceremonial site for the Apache people, according to NBC News.
By turning away the appeal, the Court let stand a lower court ruling that permits the controversial Resolution Copper mining project to move forward. Apache Stronghold argued that the project violates Native Americans’ religious freedoms, as it would destroy Oak Flat, land that holds deep spiritual and cultural importance for the Western Apache.
In this clash between Indigenous religious rights and corporate mining interests, the Trump administration recently reiterated its support for the copper mine, NBC News reported.
Vicky Peacey, general manager of Resolution Copper, told NBC News that ongoing conversations with tribal leaders have led to changes in the project. She added that the company remains open to continued dialogue about how the project proceeds.
Wendsler Nosie, Sr., a leader of Apache Stronghold, said in a statement to NBC News that the fight is far from over. He called on Congress to act in defense of Native religious rights and vowed to continue the legal battle to protect Oak Flat.
While Justice Samuel Alito recused himself from the case, Justices Neil Gorsuch and Clarence Thomas expressed support for hearing the appeal, according to NBC News.
Justice Gorsuch, known for siding with Native tribes in past decisions, issued a sharp dissent. He condemned the Court’s refusal to hear the case as a “grievous mistake,” writing that the Court would likely have intervened had a Christian organization faced similar harm.
“Just imagine if the government sought to demolish a historic cathedral on so questionable a chain of legal reasoning. I have no doubt that we would find that case worth our time. Faced with the government’s plan to destroy an ancient site of tribal worship, we owe the Apaches no less,” Gorsuch wrote, as reported by NBC News.
The controversy traces back to 2014, when Congress passed legislation transferring federal land to Resolution Copper, a joint venture between mining giants Rio Tinto and BHP. The deal was included in a must-pass defense bill, bypassing standard review processes.
Supporters of the mine say it will supply up to 25 percent of the nation’s copper needs, critical for electric vehicles and renewable energy infrastructure. But Apache Stronghold argues that the project violates both the Religious Freedom Restoration Act and the First Amendment.
For generations, Western Apache communities have revered Oak Flat, located in the Tonto National Forest east of Phoenix. It is considered the dwelling place of sacred spirits and a site for essential coming-of-age ceremonies.
“Oak Flat lies within the tribe’s ancestral territory and is central to traditional Apache religion as the home of Apache deities and the only place where Apaches can practice unique ceremonies,” attorneys for the San Carlos Apache Tribe wrote in court filings, according to NBC News.
According to an environmental review cited by NBC News, the mine would eventually create a crater nearly two miles wide, permanently destroying the ceremonial site.
The 9th U.S. Circuit Court of Appeals narrowly ruled that the mining project does not “substantially burden” tribal members’ religious exercise. A lower district court had previously ruled the same.
The land in question was federally owned before Congress authorized its transfer. However, the U.S. government had pledged in an 1852 treaty with Apache leaders to protect tribal interests—a promise that critics say has been broken.
While the Court’s conservative majority has consistently supported religious liberty claims brought by Christian groups, it failed to apply the same standard to Native American religious practices, NBC News noted.
Before the 2024 election of President Trump, then-Solicitor General Elizabeth Prelogar urged the Court not to hear the case. Though she acknowledged the religious significance of Oak Flat, she argued that Congress had explicitly mandated the land’s transfer for mining.
Despite the legal setbacks, Apache Stronghold continues to receive support from major faith-based and legal organizations, including the Presbyterian Church and the Episcopal Church, which have urged the Supreme Court to reconsider.
