Save LBI Sues U.S. Agencies and Atlantic Shores Offshore Wind, Challenging Federal Approvals Greenlighting Marine Ecosystem Devastation, Including Risks to Critically Endangered Whales
LONG BEACH ISLAND (LBI), NEW JERSEY, January 13, 2025 – Save LBI, an organization that has been actively litigating issues surrounding marine mammal, human health, economic and other impacts connected to offshore wind industrialization off New Jersey since 2022, has filed suit against the U.S. Department of Commerce, National Marine Fisheries Service, Bureau of Ocean Energy Management, U.S. Department of Interior, and the Atlantic Shores Offshore Wind project for violations of a number of federal environmental statutes.
“This lawsuit serves as the first of its kind, launching a wide-ranging challenge against Atlantic Shores’ federal approvals, based on violations of environmental statutes such as the National Environmental Policy Act, the Endangered Species Act, the Marine Mammal Protection Act, the Outer Continental Shelf Lands Act, the Coastal Zone Management Act, and the Clean Air Act,” said Thomas Stavola, Jr., Esq., the attorney representing Save LBI. “We believe we have organized a compelling case that will demonstrate that these federal agencies were derelict in their respective duties to take critical information into account, and moreover, made arbitrary assumptions that entirely failed to disclose and consider the injurious impacts of the Atlantic Shores South project.”
Bob Stern, Ph.D., the primary plaintiff and president of Save LBI, further explained, “For example, “the agencies assume, incorrectly, that no North Atlantic right whales will suffer injury or death as a result of the Atlantic Shores South project. The evidence contradicts that assumption. In fact, our review and independent mathematical analyses shows a systemic underestimation of impact, and clearly indicate that the noise caused by pile driving, and, soon after, perpetual operational noise, will injure and kill high numbers of marine mammals — and, yes, injure and kill a number of North Atlantic right whales, a critically endangered animal that cannot afford to suffer any deaths given their numbers are now less than 340 total.”
The lawsuit ultimately seeks to have all federal approvals rescinded and the Atlantic Shores South project halted — stopping construction and preventing devastation to marine mammal life in the NJ/NY Bight regional waters. Eight other co-plaintiffs have joined Save LBI in this action, many of whom will be severely economically impacted due to the egregious harm to the marine ecosystem and the aesthetic, recreational blight imposed on the Jersey Shore via the circa 200 1,000-foot-plus high monstrosities slated to be constructed starting less than 9 miles east of Long Beach Island.
These inexcusable damages by the Atlantic Shores South project are not limited to marine mammal devastation, but also include significant impacts to tourism, shore economies, statewide energy bills, national defense, vessel navigation, and home values — all of which have been swept under the rug by much of the mainstream media, many elected officials, the Atlantic Shores company, and the federal agencies in their inexplicable haste to approve a project still in search of a clear purpose and need.
“We hope this lawsuit will serve as the vehicle to finally illuminate the damage being wrought here and to impose significant pressure on Atlantic Shores to withdraw, as their obfuscation of the project’s true effects are indefensible. The agencies simply cannot objectively argue that their approvals were made in accordance with the best science,” concluded Bob Stern.
This lawsuit was filed in federal court in the United States for the District of New Jersey on January 10, 2025.
About Save LBI
Save Long Beach Island (Save LBI) is an organization of citizens and businesses on and off the Island working together to protect the ocean and Long Beach Island and neighboring communities from the destructive impact of the Atlantic Shores project and potentially other offshore wind projects. As a not-for-profit, non-partisan entity, we do not endorse any political candidates but vigorously pursue policies and actions that protect the Island and New Jersey communities. The organization is led by Beach Haven resident Bob Stern, a Ph.D. engineer with
experience in environmental law who previously managed the U.S. Department of Energy’s office overseeing environment protection related to energy programs and projects.
Save LBI is fighting to stop the ill-conceived Atlantic Shores projects. Please visit SaveLBI.org to join the fight and consider making a donation.
ACK for Whales To File New Suits to Stop Environment-Destroying New England Wind Offshore Turbine Project Grassroots Group Has sent Notices to Federal Government Warning of Litigation Because Government Broke Multiple Federal Laws “We’re not going to stop fighting for the environment.”
NANTUCKET, MA, January 13, 2025 – ACK for Whales, the Nantucket grassroots group (formally known as Nantucket Residents Against Turbines) fighting to protect the environment from the devastation posed by New England Wind’s giant offshore wind project, said today that it has filed two Notices of Intent to sue the Department of Interior and other federal agencies for violating federal laws intended to protect the environment and endangered species.
The announcement comes as the group revealed the United States Supreme Court declined on Monday to hear the group’s petition for certiorari from lower court decisions on a different legal issue and involving a different project.
The new litigation is broader in scope than the suit previously filed against Vineyard Wind and seeks to halt and preclude construction by New England Wind of offshore wind turbines.
“New England Wind is an existential threat to our environment and while we are disappointed by the Court’s decision to not hear our appeal, we’re not going to stop fighting for the environment,” ACK for Whales President Vallorie Oliver said.
The Notices of Intent were sent Monday to the Departments of the Interior and Commerce, the Army Corps of Engineers, the Environmental Protection Agency, the Bureau of Ocean Energy Management (BOEM), and the National Oceanic and Atmospheric Administration and informed the federal agencies that decisions made to allow New England Wind’s project to build turbines off Nantucket and Martha’s Vineyard violate the Endangered Species, Marine Mammal Protection, National Historic Preservation, and Outer Continental Shelf Land Acts.
The letters warn that if the agencies do not reverse their approvals, ACK for Whales will proceed with its suits when the 60 day Notice period expires to prevent “substantial” harm to biological resources, including the endangered North Atlantic Right Whale, interference with economic activities in the high seas and territorial seas, including tourism, commercial fishing, and whale watching.
“The government continues to mislead the people of Massachusetts,” Oliver said, “making their usual false claims about offshore wind. The state’s press release claimed building these whale- killing monstrosities will ‘reduce the state’s carbon emissions by the equivalent of taking one million gas-powered cars off the road. Collectively, these projects will create thousands of jobs and generate billions of economic activity.’
“The State made the same false claims about Vineyard Wind and since that project was begun, BOEM has admitted building offshore wind will have no meaningful impact on reducing climate change, Vineyard Wind admits it’s not keeping track of the jobs it allegedly creates in Massachusetts, and its CEO admits that our power bills are going up.
“We can’t figure out why the government keeps giving away the store to foreign energy companies like Avangrid,” Oliver said. “We’re a non-partisan organization, we don’t do politics, but we hope Mr. Trump keeps his word and ends this madness on Day One of his Administration,” Oliver said.
About ACK for Whales
ACK for Whales is a group of Nantucket community members who are concerned about the negative impacts of offshore wind development off the south shores of our beloved Island. The Massachusetts/Rhode Island wind area is bigger than the state of Rhode Island and will ultimately be occupied by 2,400 turbines, each taller than the John Hancock building in Boston, connected by thousands of miles of high voltage cables. There are many unanswered questions, and the permitting of these massive utility projects has happened largely out of the public eye. We provide a community group of neighbors and friends, who all love the same place.
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Editor’s note: This year’s biannual Biodiversity COP was in Cali, Colombia, a country with the dubious distinction of topping the list of the number of environmental activists killed by a country in both 2022 (60) and 2023 (79) and will probably have that dubious honor this year with a continuingly rising number of (115) as of November 7th.
BOGOTÁ, Colombia — While music played in Bogotá’s streets and a sense of victory filled the air after a long protest, Ana Graciela received a new appointment on her calendar: the funeral of Carlos Andrés Ascué Tumbo.
Nicknamed Lobo (meaning “wolf” in Spanish), the esteemed Indigenous guardian and educational coordinator was killed Aug. 29, while his fellow guardians, the Kiwe Thegnas (or Indigenous Guard of Cauca) were protesting for better security in Cauca, Colombia. The region has increasingly become dangerous with incursions by illegal armed groups.
“The situation is tough. Women and children are being killed [almost] every day,” said Ana Graciela Tombé, coordinator of the Regional Indigenous Council of Cauca.
The Bogotá protest gathered more than 4,000 people, in what is known as a minga in the Andean tradition, against escalating violence in the region. After eight days, on Aug. 28, the Indigenous communities succeeded in getting President Gustavo Petro to sign a new decree, the Economic and Environmental Territorial Authority, which grants Indigenous territories greater autonomy to take judicial action against violence within their lands.
But the sentiment is bittersweet for the Indigenous Nasa and Misak activists in Ana’s homeland of Cauca, particularly in Pueblo Nuevo, a nationally recognized Indigenous territory (resguardo). They’ve lost a dear leader and role model, impassioned with protecting their ancestral territory, forests and youth from illegal armed groups.
Labeled the deadliest country for environmental defenders in 2023, Carlos, 30, was the 115th social leader killed in Colombia this year, according to the Development and Peace Institute, Indepaz.
Although the police investigation into his death is still underway, members of his community say they believe Carlos was the latest victim of armed groups and drug traffickers the Nasa people have struggled with for more than 40 years. Mongabay spoke with these members of the community, including Carlos’ family and friends, to gather more information on his life and killing that received little attention in the media.
One of Carlos’ close friends leans on the coffin. Image by Tony Kirby.Musicians play Carlos’ favorite music. Image by Tony Kirby.
Pueblo Nuevo is located in the central mountain range of the Andes in the Cauca department, which today has become a hub for drug trafficking and illicit plant cultivation. This is due to its proximity to drug trafficking routes to ship drugs to international markets, the absence of state presence and the remoteness of the mountains.
The loss of Carlos is both physical and spiritual, a close friend of Carlos, Naer Guegia Sekcue, told Monagaby. He left behind a void in the lives of his family which they are trying to fill with love, Naer said, and the community and guardians feel like they lost a part of their rebellion against armed groups.
The ‘Wolf’
Carlos was a member of the Indigenous Guard since his childhood. The children’s section of the Guard is called semillas, meaning “seeds,” for how they’ll fruit into the next generation of leaders protecting their territory.
He met his wife, Lina Daknis, through mutual friends at university. Lina, though not of Indigenous heritage, said she fell in love with his rebellious spirit, devotion and commitment to Indigenous rights. When Lina became pregnant, the couple decided to raise their daughter in the Indigenous reserve, Pueblo Nuevo.
For many in this Indigenous community, their lands and forests are far more than mere sustenance; they hold deep traditional and spiritual significance. Among the Nasa people, one significant ritual involves burying the umbilical cord under stones of a sacred fire (tulpa), symbolically tying them to their ancestral territories. According to the sources Mongabay spoke to, they consider that the lands and forests do not belong to them but are a loan from their children they are entrusted to protect.
Carlos was fully dedicated to this Indigenous Guard, Lina said.
Many days, he would get up in the middle of the night to patrol the territory. While facing well-equipped armed groups, the Indigenous Guard remained unarmed. They carry a ceremonial wooden baton, adorned with green and white strings as symbols of Indigenous identity. Carlos was particularly outspoken against illegal armed groups and coca cultivation. Faced with their invasions and deforestation on their territory, the Guard also took on the role of environmental defenders.
Coca cultivation, as done by armed groups to produce cocaine, not only impacts lives, but also the environment. The traditionally sacred crop is now tied to violence and degradation in the region.
According to Colombia’s Ministry of Justice, 48% of cultivation is concentrated in special management areas, including national parks, collective territories and forest reserves. Between 2022 and 2023, coca cultivation caused the deforestation of 11,829 hectares (29,200 acres) of forested land, according to the latest report from the United Nations Office on Drugs and Crime. This deforestation increased by 10% in 2023 and threatens biodiversity, placing more than 50 species at risk of extinction, the Ministry of Justice stated at the COP16 U.N. biodiversity conference.
In one instance, Carlos and the Guard destroyed coca plants, took photos and uploaded videos to social media. Shortly after, his family began receiving threats from anonymous people on social media, warning Carlos to be careful. Lina now said she believes these threats came from dissident groups profiting from coca cultivation.
Pueblo Nuevo is located in the central mountain range of the Andes in the Cauca department, which today has become a hub for drug trafficking and illicit plant cultivation. Image by Tony Kirby.
In Cauca, several dissident groups are active, including Estado Central Mayor and the Dagoberto Ramos Front. These factions emerged following the 2016 peace agreement and consist of former FARC guerrillas who either rejected or abandoned the reintegration process. Law enforcement say their presence poses a persistent threat. Most recently, in May, a police station in Caldono was attacked, with local authorities suspecting the involvement of the Dagoberto Ramos Front.
Despite the danger, Carlos never stopped his work.
“I told him to leave the Guard, to go to another country, that they would kill him,” said his mother, Diana Tumbo. “But he didn’t leave us nor the Guard.”
Carlos’ mother calls for the unity of the people in the fight against violence. Image by Tony Kirby.
The seeds of tomorrow
The road to the Carlos’ home is surrounded by peaceful landscapes: small villages, chicken restaurants and hand-built huts. But the graffiti on walls — “FARC EP” (Revolutionary Armed Forces of Colombia, People’s Army) and “ELN Presente” (National Liberation Army, Present) — are stark reminders of the violence. Despite the peace agreement signed between the FARC and the Colombian government in 2016, violence has resurged in Cauca.
Carlos saw the armed groups as a destructive force to youth by recruiting minors.
According to the annual report of the United Nations Commissioner for Human Rights, armed groups forcibly recruited at least 71 Indigenous children in 2023. Oveimar Tenorio, leader of the Indigenous Guard, said the armed groups no longer have the political ideology that once defined the FARC. Instead, their attacks on the Indigenous Guard are driven by profit and control of drug routes.
“We are an obstacle for them,” he told Mongabay.
The graffiti reads “FARC – EP,” which stands for “Revolutionary Armed Forces of Colombia – People’s Army.” An man sits on a bench in a square in Jamundí, Colombia. For decades, violence has been a part of daily life for Colombians. Image by Tony Kirby.
Carlos became an educational coordinator, supporting teachers with Indigenous knowledge programs and organized workshops for the schools in the Sath Tama Kiwe Indigenous Territory. He believed in educating youth not just with academic knowledge, but with a sense of pride in their Indigenous heritage and the need to protect their land, Naer said.
Carlos encouraged the young people not to feel ashamed of being Indigenous, but instead to learn from their own culture. He always carried a book by Manuel Quintín Lame, a historical Indigenous Nasa leader from Cauca who defended Indigenous autonomy in the early 20th century.
But Carlos’ approach was one of tenderness; he was always listening to his students and fighting for a better future for the youth. “He was convinced that real change started from the bottom up, through children and the youth,” Naer said.
People show support for Carlos, demanding justice for him. Image by Tony Kirby.
Murder of the ‘Wolf’
His friends and family said Carlos’ actions made him a target.
On Aug. 29, 2024, Carlos went down to the village of Pescador, Caldono, to pick up his daughter from swimming lessons. It was a peaceful moment: mother, father and daughter having a family meal at a small restaurant. Afterward, Carlos went to refuel his motorbike at the gas station.
Suddenly, a stranger approached his wife in the restaurant, she said, asking, ‘Are you the woman who is with the man with the long hair? Something has happened, but I can’t say what.’
Carlos Andrés Ascué Tumbo of the Andes Mountains was shot in the head.
The Regional Indigenous Council of Cauca quickly blamed “criminal structures” linked to dissident FARC groups, particularly the Jaime Martínez and Dagoberto Ramos factions. However, the police investigation is ongoing, and the Fiscalía General de la Nación (Office of the Attorney General), which is overseeing the case, has not shared details with the public or Mongabay.
Mongabay approached Fiscalía General de la Nación and local authorities for comment but did not receive one by the time of publication.
Sept. 1, in a small village perched on a hillside, marked the date of Carlos’ funeral. Fellow members of the Indigenous Guard, wearing blue vests and carrying their batons, lined the dusty roads. They formed a solemn procession from Carlos’ house down to the cemetery with about 1,000 people walking around them through Pueblo Nuevo.
“We want to show our strength,” said Karen Julian, a university student in Cauca who didn’t know Carlos personally but felt compelled to attend his funeral. Along with others, she boarded a brightly painted chiva bus to Carlos’ home village, where he was laid to rest.
Members of the Indigenous Guard, carrying batons, line the streets of Pueblo Nuevo, accompanying Carlos on his final journey to his grave. Image by Tony Kirby.
Children holding flowers led the way of the procession, followed by a cross and then the coffin. A woman rang the church bell and people chanted the slogan to resist armed groups: “Until when? Until forever!”
At the covered sports field at the center of the village, the funeral transformed into a political rally. “I will not allow another young person to die!” Carlos’ mother shouted to the audience. “I demand justice.” She spoke of her worries for her granddaughter, Carlos’ daughter, who stills had many plans with her father. She called on the community to stand united against the violence that has taken so many lives.
As Carlos’ coffin was lowered into the ground, the crowd began to swell, pressing in tightly with his 6-year-old daughter at the front row of the mass. All were watching as the coffin reached its final destination.
“Carlos’ death was not in vain,” Naer said. “The youth understand that they must follow his path. The younger generations will continue preserving the Indigenous traditions while defending our territories and rights.”
The last look: Carlos’ daughter watches her father before he is buried, while his parents cry beside the coffin. Image by Tony Kirby.
Banner image: Carlos’ fellow guardians carry his coffin; they fought shoulder to shoulder to protect the Indigenous territories against illegal armed groups. Image by Tony Kirby.
13th Nov, 2024: More than 250 activists from different parts of India and diverse organizations signed on to a statement initiated by the National Alliance of People’s Movements (NAPM), strongly condemning the arbitrary detention of 6 social and environmental activists in Jammu & Kashmir, under the Public Safety Act (PSA). The signatories called for their immediate release and withdrawal of cases filed against them, for exercising their legitimate right to raise ecological concerns. All those detained Mohammad Abdullah Gujjar (resident of Sigdi Bhata), Noor Din (resident of Kakerwagan), Ghulam Nabi Choppan (resident of Trungi – Dachhan), Mohammad Jaffer Sheikh (resident of Nattas, Dool), Mohammad Ramzan (resident of Dangduroo – Dachhan), trade union leaders from Kishtwar district and Rehamatullah from Doda District (J&K) were only raising pertinent issues regarding socio-environmental impacts of large projects as well as solid waste management.
Some of the key signatories from over 20+ states, include notable activists, academics, advocates like Prof. Roop Rekha Verma, Rama Teltumbde, Soumya Dutta, Prof. Manoranjan Mohanty, Prof. Uma Chakravarti, Lalita Ramdas, Kavita Srivastava, Adv Indira Unninayar, Dr. Sandeep Pandey, Elina Horo, Mayalmit Lepcha, Himanshu Thakkar, Anuradha Bhasin, Sheikh Ghulam Rasool, Anmol Ohri, Mohd Ishak, Shamsul Islam, Arun Khote, Anand Patwardhan, John Dayal, Dunu Roy, Dr. Nandita Narrain, Raja Muzaffar Bhatt, Prafulla Samantara, Prof. Padmaja Shaw, Hasina Khan, Ashok Chowdhury, Yash Marwah, Cedric Prakash, Ruchit Asha Kamal, Adv Vinay Sreenivasa, Dr. Gabriele Dieterich, Manshi Asher, Kailash Meena, Suhas Kolhekar, Vidya Dinker, Madhuri, Bittu KR, Bhanu Tatak, AS Vasantha, Prasad Chacko, Adv Vertika, Meera Sanghamitra and many others.
The signatories supported the activists stating, “socio-ecological justice activism and raising legitimate concerns should not be mislabeled as “anti-national. Attempts to silence dissent by branding it as “anti-national” weaken the foundations of democratic governance and hinder constructive dialogue on pressing social issues”. Such actions of the State undermine people’s right to hold authorities accountable, the right to peaceful protest and community involvement in decision making processes. It must be emphasized that popular opposition to hydro-power, mega infrastructure is not isolated to the region of Jammu & Kashmir, but is seen across the Himalayan states, given the enviro, socio-economic threats these projects pose to the region at large. Thus, clamping down on ecological movements in the region only hampers the much-needed struggle to combat climate crisis.
An appeal was made both to the newly formed government in Jammu & Kashmir and to the Union Government not to resort to high-handed interventions, as people on the ground voice legitimate concerns in a peaceful way. The signatories hoped that as the 29th United Nations Climate Change Conference at Baku (COP29) is underway, necessary attention would be paid to environmental defenders back home, safeguarding ecology at great risk.
The full text of the statement with all signatories is below. For details: Write to napmindia@gmail.com
Statement by 250 activists and organizations from across India
Stop Arbitrary Detentions and Intimidation of Social & Environmental Activists in Jammu & KashmirSave Ecology & Uphold Democratic Rights in J&K and entire Himalayan Region
Release all detained activists immediately: Withdraw arbitrary cases
13th Nov, 2024: National Alliance of People’s Movements (NAPM), along with other people’s organizations and concerned citizens from across India strongly condemns the arbitrary detention of social and environmental activists in Jammu & Kashmir under the Public Safety Act (PSA). Those detained under the provisions of J&K Public Safety Act, 1978, include Mohammad Abdullah Gujjar (resident of Sigdi Bhata), Noor Din (resident of Kakerwagan), Ghulam Nabi Choppan (resident of Trungi – Dachhan), Mohammad Jaffer Sheikh (resident of Nattas, Dool) and Mohammad Ramzan (resident of Dangduroo – Dachhan), trade union leaders from Kishtwar district.
The authorities claim that these persons were attempting to ‘obstruct projects of national importance’. However, according to local sources and social media posts of activists and journalists from the Chenab Valley, the detained activists were voicing several specific concerns about the hydropower projects including infrastructure-related impacts and damages, environmental violations, denial of compensation and rehabilitation etc. They also alleged that local houses and properties suffered severe damage due to project-related blasting and that construction work reportedly caused ‘structural integrity issues’ in nearby buildings. It is learnt that 22 other persons have been placed under state ‘surveillance’ and we fear that they may also be subject to arbitrary detention or arrests.
It has also been reported that another young climate activist Rehamatullah (25), from Dessa Bhatta of Doda (J&K), who has been vocal about environmental issues and was actively uncovering a solid waste management scam, has been detained under the Public Safety Act (PSA). His work exposed the alleged misuse of funds and negligence in managing local waste, affecting public health and the environment. These detentions have raised concerns among local communities and environmental organizations, who view it as a suppression of environmental activism and transparency efforts.
We are of the earnest view that the detention of these activists who have only been advocating for the protection of local ecosystems, people’s democratic rights and truly sustainable development, undermine the right to hold authorities accountable, the right to peaceful protest and community involvement in decision making processes. It also represents a troubling misuse of power and a suppression of fundamental rights, which should alarm every citizen who believes in democracy and justice.
The criminalization of activism in Jammu and Kashmir, exemplified by laws such as the Public Safety Act (PSA), has systematically suppressed local voices. We must unite in support of activists, including climate justice activists, and support their well-meaning advocacy efforts in J&K. It is imperative that the new government that has been voted to power in J&K with expectations that at least some democratic rights would be upheld, must live up to this popular mandate. Even as issues and subjects of federal rights are divided between the Centre and J&K, we expect the Lieutenant Governor and the Central Government to act responsibly and refrain from high-handed interventions, as people on the ground voice legitimate concerns in a peaceful way.
It must be emphasized that popular opposition to hydro-power and mega infrastructure is not isolated to the region of Jammu & Kashmir, but is seen across the Himalayan states, given the environmental and socio-economic threats these projects pose to the region at large. Thus, clamping down on ecological movements in the region only hampers the much-needed struggle to combat climate crisis.
NAPM strongly asserts that socio-ecological justice activism and the act of raising legitimate concerns should not be mis-labelled as “anti-national.” Attempts to silence dissent by branding it as “anti-national” weaken the foundations of democratic governance and hinder constructive dialogue on pressing social issues.
We call for the immediate and unconditional release all detainees and demand that the PSA, other charges against them be withdrawn. Activism and dissent are essential components of a healthy democracy, and they should be respected rather than criminalized. The authorities must instead impartially inquire into the allegations of corruption, ensure participatory socio-environmental impact assessments and prioritize ecological justice. As the 29th United Nations Climate Change Conference kickstarts at Baku (COP29), we hope necessary attention would be paid to environmental defenders back home, safeguarding ecology at great risk.
U.S. Supreme Court to Review Apache Stronghold’s Case on Nov. 22, 2024
For Immediate Release: November 7, 2024
Media Contact: Ryan Colby | media@becketlaw.org | 202-349-7219
WASHINGTON – A coalition of Western Apaches, other Native peoples, and non-Native allies yesterday asked the Supreme Court to reject plans by the federal government and a multinational mining giant to destroy a sacred site where Apaches have held religious ceremonies for centuries. In Apache Stronghold v. United States, the Ninth Circuit Court of Appeals refused to stop the federal government from transferring Oak Flat to Resolution Copper, a foreign-owned mining company that plans to turn the site into a massive mining crater, ending Apache religious practices forever (Watch this short video to learn more). The latest Supreme Court filing rebuts the government’s argument that religious freedom protections in the U.S. Constitution and the Religious Freedom Restoration Act (RFRA) do not apply on federally controlled land.
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 and has been protected from mining and other harmful practices for decades. These protections were targeted in December 2014 when a last-minute provision was slipped into a must-pass defense bill authorizing the transfer of Oak Flat to the Resolution Copper company. Resolution 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.
“Oak Flat is our spiritual lifeblood—like Mt. Sinai for Jews or Mecca for Muslims—the sacred place where generations of Apache have connected with our Creator,” said Dr. Wendsler Nosie Sr. of Apache Stronghold. “The government should protect Oak Flat just like it protects the sacred places of all other faiths in this country—not give it to a foreign-owned mining company for destruction.”
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, by the National Congress of American Indians, and by a diverse coalition of religious denominations, civil-rights organizations, and legal experts. 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.
“Blasting the birthplace of Apache religion into oblivion would be an egregious violation of our nation’s promise of religious freedom for people of all faiths,” said Luke Goodrich, vice president and senior counsel at Becket. “The Supreme Court has a strong track record of protecting religious freedom, and we expect the Court to take this case and confirm that Native American religious practices are fully protected by federal law.”
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.
Apache Stronghold v. United States is one of the most significant decisions pending the U.S. Supreme Court. To allow Resolution Copper/Rio Tinto to destroy sacred Oak Flat would be like destroying St. Patrick’s Cathedral to put up a McDonald’s just in time for Christmas. The masses (no pun intended) of people would go ape shit cray-cray. Resolution Copper/Rio Tinto is capable of such atrocities; may enough of the judges show true heart-mind and make the right-wise decision in favor of Apache Stronghold and the well-being and balance of the Earth. – Mankh
An example of what Rio Tinto has done… Simandou, Guinea, “with over two billion tonnes of reserves and some of the highest grades [iron ore] in the industry (66% – 68% Fe which attracts premium pricing), has a back-of-the-envelope calculation value of around $110 billion at today’s prices.”
