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.”
Deep Green Resistance (DGR) is dedicated to the fight against industrial civilization and its legacy of racism, patriarchy, and colonialism. For this reason, DGR would like to publicly state its support of the San Carlos Apache tribe and the residents of Superior, AZ in the fight to protect Oak Flat from the destructive and unethical practices of foreign mining giant Rio Tinto.
Background
For over a decade the San Carlos Apache tribe and supporters have been fighting against profit-driven attacks on their land by the Superior, AZ based company Resolution Copper (RC), a subsidiary of the international mining conglomerate Rio Tinto. The foreign Rio Tinto is an Anglo-Australian mining company with a shameful history of environmental degradation, human rights abuses, and consorting with oppressive regimes around the globe.
Resolution Copper plans a massive deep underground copper mine in the Oak Flat area using a technique called block caving, in which a shaft is drilled more than a mile deep into the earth and the material is excavated without any reinforcement of the extraction area. Block caving leaves the land above vulnerable to collapse.
Despite this, Resolution Copper is set to acquire 2,400 acres of the federally protected public land in the Tonto National Forest in southeast Arizona in exchange for 5,000 acres in parcels scattered around the state. The 2,400-acre land, part of San Carlos Apache’s aboriginal territory, includes Oak Flat, Devil’s Canyon, and nearby Apache Leap – a cliff where Apaches jumped to their death to avoid being killed by settlers in the late 19th century. The San Carlos Apaches and other Native people hold this land as sacred, where they conduct ceremonies, gather medicinal plants and foods, and continue to build connections with the land. The now public land is held in trust by the federal government and is also used by non-Native nature lovers for hiking, camping, bird watching and rock climbing, and is used for field trips by Boy Scout groups.
Recent Activity
On December 4, 2014 the House passed the National Defense Authorization Act (NDAA), which included the Oak Flat Land exchange as an attachment to the annual must-pass defense bill. This particular version of the land exchange included in the NDAA (the “Southeast Arizona Land Exchange and Conservation Act of 2013”) is the 13th version since the bill was first introduced in Congress in 2005 by former Congressman, Rick Renzi (later convicted in 2013 of multiple counts of corruption, including extortion, racketeering and other federal charges). AZ Senators McCain and Flake, responsible for sneaking this unrelated attachment into the NDAA, subverted the will not only of Native American Tribes, conservation organizations, the Superior Town Council, and others, but the will of the United States Congress which has forcefully rejected the land exchange for nearly 10 years. Flake, who previously worked for Rio Tinto at their uranium mine (co-owned by the Iranian government) in Namibia, acknowledged the bill could not pass the US Congress on its own merits.
Shortly after passing through the House, the NDAA was signed into law by President Obama on December 19, 2014, exactly 5 years after he signed the “Native American Apology Resolution,” a little-noticed expression of regret over how the U.S. had abused its power in the past.
The Southeast Arizona Land Exchange and Conservation Act demonstrates a total disregard for Native American concerns. Resolution Copper has also openly admitted to the fact that their process of mining would create significant land cracking and eventually subsidence. Another grave concern is the permanent damage to surface and groundwater. This mine will deplete enormous quantities of water and pollute it, which will devastate local communities.
Oak Flat is also a rare desert riparian area. Less than 10% of this type of habitat remains in Arizona. The land exchange would allow mining companies to avoid following our nation’s environmental and cultural laws and would bypass the permitting process all other mines in the country have followed. Since this mining would, by design, lead to the complete destruction of the Oak Flat area and potentially impact both Apache Leap and Gaan Canyon, the San Carlos Apache Tribe (along with over 500 other tribes across the country) strongly opposes it and the illegal land exchange.
Call for Solidarity
Indigenous peoples have always been at the forefront of the struggle against the dominant culture’s ecocidal violence. Beneath the violations of US law lies the glaring threat of sacred Apache land being further harmed and colonized. If RC is allowed to follow through with its mining plan, not only would this land be stolen from the Apaches, but it would be rendered unrecognizable.
There is a monumental need for solidarity work to save Oak Flat. The only acceptable action on the part of Resolution Copper is immediate cessation of any and all plans to mine in the ancestral home of the Apache people; anything else will be met with resistance, and DGR will lend whatever support it can to those on the front lines. The time to act is now!
**DGR recognizes that members of settler culture are living on stolen land in the midst of a current and ongoing genocide of indigenous people and culture. We encourage those who wish to be effective allies to indigenous people to read our Indigenous Solidarity Guidelines.
