Apache women are seeking Supreme Court intervention after the federal government completed a land transfer in Arizona that clears the way for a major copper mining project at Oak Flat, an area used for religious ceremonies, prayer and gatherings of medicinal plants by the San Carlos Apache people and other Native American tribes.
The land’s title was conveyed by the federal government to Resolution Copper on Friday, after an appeals court denied requests by the San Carlos Apache Tribe and environmentalists to block the transfer and lifted an emergency injunction that had been in place since last summer.
The appeals court’s ruling recognized that the transfer would fundamentally alter the nature of the land and lead to the destruction of sites sacred to the tribe and other plaintiffs. In its Friday decision, the court said that despite those “grave harms” to Native religious practice, Congress had chosen to transfer the land and the plaintiffs had not raised what the court viewed as viable legal challenges to that congressional decision.
In their latest attempt to halt the project, Apache women asked the U.S. Supreme Court to intervene, framing their request as a last-ditch effort. Their petition follows years of litigation in which tribal leaders, Apache Stronghold and other plaintiffs have argued for protection of what they call Chi’chil Bildagoteel.
Federal attorneys for the U.S. Forest Service have said in court filings over the years that the agency has no discretion because the exchange was required by Congress, after language was included in a must-pass national defense spending bill that President Barack Obama signed into law in 2014.
On Monday, U.S. Agriculture Secretary Brooke Rollins said the project aligns with President Donald Trump’s vision of energy independence, saying the exchange would “unlock[] a major domestic source of copper, essential for defense, grid modernization and next-generation energy” and would help the nation expand mineral production.
Resolution Copper, described as a subsidiary of international mining firms Rio Tinto and BHP, estimates the mine will generate $1 billion a year for Arizona’s economy and create thousands of jobs. The project has support in the nearby community of Superior, and the company has said the Forest Service completed an extensive review that included consultation with tribes that have ancestral ties to the land.
Resolution Copper president and general manager Vicky Peacey said in a statement that courts at “every level” have ruled in favor of the company and that “three different presidential administrations have supported this project,” adding: “It is time for the meritless litigation to end.” The company did not immediately respond to questions about the timeline for work at the site.
Apache Stronghold, through Wendsler Nosie Sr., also continued to raise concerns as mining gets underway. In a statement shared on social media, Nosie said the fight over Oak Flat raises “critical issues” about the environment and the nation’s commitment to Native rights and religious freedom, describing it as a “battle for our sacred and holy land” and for the “right to have our religious traditions respected and protected.”