The ongoing battle for Oak Flat: copper mining vs. sacred lands

The Oak Flat region, sacred to the Apache people, may soon transform into a major copper mining site, marking the end of a long-standing legal struggle. The 9th U.S. Circuit Court of Appeals recently denied a key challenge against the land transfer to Resolution Copper, potentially paving the way for intensified mining activities.

The 9th Circuit Ruling

In a significant legal development, the 9th U.S. Circuit Court of Appeals dismissed three consolidated lawsuits, including those involving the Apache people, challenging the land exchange authorized by Congress over a decade ago. This decision effectively transferred control of Oak Flat from the Tonto National Forest to Resolution Copper, a move that could herald the development of one of the largest copper mines globally.

Resolution Copper’s Response

Resolution Copper, aware of potential future challenges, has expressed cautious optimism. Vicky Peacey, the company’s president and general manager, mentioned their intention to maintain Oak Flat’s recreational facilities, aligning with the Forest Service’s previous management. She highlighted their long-term coexistence with local activities, stating, “We’ve been coexisting — exploration, ranching, recreation — for a very long time.”

Economic and Environmental Implications

The Oak Flat region contains an estimated 40 billion pounds of copper, making it a lucrative site for Resolution Copper. The company argues the mine will significantly benefit Arizona’s economy and contribute to a clean-energy future. However, environmental concerns linger, with expectations of significant land subsidence and environmental impact from mining activities.

Apache Stronghold’s Position

Wendsler Nosie Sr., founder of Apache Stronghold, remains determined to oppose the land’s development, citing the site’s religious and cultural significance. He emphasizes the importance of Oak Flat to the Apache’s spiritual practices and ancestral ties, underscoring the profound impact its potential destruction would have on their cultural heritage.

Legal and Religious Freedom Debate

The legal battle over Oak Flat also highlights broader issues of religious freedom. Apache Stronghold’s argument that mining violates their religious rights attracted support from diverse groups, including some religious and conservative organizations. Despite the Supreme Court’s refusal to hear the case, dissenting justices warned of the long-term implications for religious freedom.

Resolution Copper’s Official Statement

“The U.S. Court of Appeals for the Ninth Circuit has ruled in favor of Resolution Copper and the federal government and denied the plaintiffs’ requests to stop the Resolution Copper land exchange, which is now complete. We appreciate the courts’ thoughtful work on this important case…”

Resolution Copper maintains that the project has undergone extensive environmental review and consultation with Native American Tribes, emphasizing the project’s economic benefits and alignment with national energy and security goals.