KEY POINTS
- Apache Stronghold appeals to the U.S. Supreme Court to block the Resolution Copper mine.
- The group argues the mine would destroy sacred Apache land and violate religious freedom.
- The U.S. government and Rio Tinto argue they have the right to use the land for national interests.
A Native American group has petitioned the U.S. Supreme Court to block Rio Tinto and BHP from accessing sacred Arizona land to develop one of the world’s largest copper mines. Apache Stronghold, a nonprofit representing the San Carlos Apache tribe and conservationists, is seeking to overturn a lower court ruling that allowed the federal government to swap land for the Resolution Copper project.
The appeal, delivered by hand after a ceremonial prayer and dance at the Supreme Court steps, represents a critical legal move in a long-standing battle between religious rights and the growing global demand for copper, a key component in electric vehicles and other technologies.
The fight over oak flat
At the center of the dispute is Oak Flat Campground, known as Chi’chil Biłdagoteel to the Apache people, a sacred site where they worship deities. However, the land sits atop a copper reserve of over 40 billion pounds, making it an attractive target for mining companies seeking to meet the needs of the energy transition. However, the Apache argue that the construction of a massive copper mine would destroy the site, which would be reduced to a 2-mile-wide crater.
In 2014, Congress and then-President Barack Obama approved a deal to give Rio Tinto the land in exchange for other properties. President Joe Biden temporarily froze the land swap in 2021, but legal battles have continued.
The 9th U.S. Circuit Court of Appeals recently ruled in favor of the mining companies, but Apache Stronghold is appealing that decision, arguing that the development of the mine would violate the First Amendment’s protections for religious freedom.
Legal and religious implications
If the U.S. Supreme Court agrees to hear the case, oral arguments could be scheduled as early as next month, with a decision expected by June 2025. Apache Stronghold, represented by the Becket Fund for Religious Liberty, argues that the government’s actions set a dangerous precedent for religious rights, not just for Native Americans but for people of all faiths.
“The government’s legal argument is astonishingly broad and harmful to Native Americans and people of all faiths,” said Luke Goodrich, an attorney with the Becket Fund. According to Mining.com, he further argued that the case has implications far beyond Arizona, touching on the fundamental right to religious practice.
Corporate and government responses
Furthermore, Rio Tinto, which owns 55% of the Resolution Copper project, dismissed the appeal as unworthy of Supreme Court review, stating that the case revolves around the government’s right to use its land for national interests. “This case is about the government’s right to pursue national interests with its own land, an unremarkable and longstanding proposition,” a spokesperson for Rio Tinto said.
BHP, which holds a 45% stake in the project, declined to comment. Both companies invested more than $2 billion into the project, but ongoing legal and regulatory delays have prevented copper production.
