The Oak Flat Saga: Supreme Court Rejects the Apaches’ Appeal

The Native Americans will now explore other legal and political possibilities, but the decision is a severe blow to their cause.

By Massimo Introvigne

June 2, 2025

Apache Stronghold demonstration in Washington, DC. From X.

“Bitter Winter” has regularly covered the saga of Oak Flat, a key religious liberty issue in the U.S. Western Apaches protecting a sacred site against a Chinese-owned mining company are supported by Becket, a legal institute defending freedom of religion.

The U.S. government plans to transfer Oak Flat to Resolution Copper, which is owned by a Chinese company. This action would result in the construction of a large mining crater, permanently disrupting Apache religious practices.

Earlier this month, Apache Stronghold, a coalition of Western Apaches, diverse Native groups, and non-Native allies, filed an emergency request to halt the transfer while the Supreme Court considered its case. On May 9, the U.S. District Court for the District of Arizona granted this request, with Judge Steven P. Logan remarking, “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 raised significant issues regarding the merits that warrant the Supreme Court’s thorough review.” 

However, the Supreme Court on May 27 rejected the appeal. Justice Neil Gorsuch wrote in a powerful dissenting opinion that the decision is “a grievous mistake—one with consequences that threaten to reverberate for generations.”  Justice Clarence Thomas backed him.

Oak Flat, located in Arizona, is known to the Apaches as Chi’chil Bildagoteel and is considered one of their sacred places. If the government plan goes on, it faces extinction due to a land swap that facilitates the development of one of the world’s largest copper mines, which will effectively consume Oak Flat. 

Apaches on Oak Flat. Source: Becket via X.

In 2014, then-President Obama and Congress approved the agreement, benefiting Resolution Copper. The Apaches argue that destroying a sacred religious site infringes upon their religious freedom. 

On February 12, 2021, an Arizona federal District Court ruled against the Apaches, permitting work to begin on March 6. However, the United States Department of Agriculture (USDA) retracted its Final Environmental Impact Statement, released initially on January 15, 2021, which was essential for clearing the way for the copper mine project amidst the Apaches’ appeal. 

On June 24, 2022, the 9th Circuit Court ruled 2–1 that the project does not infringe on the Apaches’ religious freedom, asserting that the destruction of their sacred site is merely a byproduct of decisions made for other reasons.

On March 1, 2024, a divided “en banc” panel of 11 Ninth Circuit Court of Appeals judges ruled 6-5 against Apache Stronghold. On May 14, 2024, the full Ninth Circuit Court of Appeals denied their petition to rehear the case. Apache Stronghold and its allies then took the case to the Supreme Court, which has now ruled against them.

Is this the end for Oak Flat’s sacred site? Apache Stronghold and Becket say they are considering other legal options and are hoping Congress will take action to save Oak Flat.

Source: bitterwinter.org