Image Source: Michael Chow
The U.S. Supreme Court has declined to hear a challenge from Apache Stronghold, a Native American group opposing a major copper mining project in Arizona that would destroy Oak Flat, a sacred religious site for the Apache people. The decision allows the project by Resolution Copper, a joint venture of Rio Tinto and BHP, to move forward. The mine is expected to supply about 25% of the nation’s copper, crucial for clean energy and electric vehicles.
Apache Stronghold argued the mine violates religious freedoms under the First Amendment and the Religious Freedom Restoration Act, since Oak Flat is used for vital tribal ceremonies. Lower courts previously ruled that the land transfer — authorized by Congress in 2014 — did not “substantially burden” tribal religious rights, since the land was federally owned.
Two conservative justices, Neil Gorsuch and Clarence Thomas, dissented, with Gorsuch criticizing the Court for ignoring Native religious rights, noting it would likely have acted if the site were a Christian church.
While Resolution Copper claims it consulted with tribes and made adjustments, Apache leaders say their fight will continue in Congress and the courts. Religious groups and legal advocates for religious liberty, including those that have supported Christian cases at the Court, backed Apache Stronghold.
