The U.S. Supreme Court has rejected an emergency appeal by Native American group Apache Stronghold to stop the Resolution Copper mining project in Arizona, which threatens to destroy Oak Flat, a sacred tribal site used for religious ceremonies.
The court’s brief order, issued Tuesday, noted that Justice Samuel Alito did not participate but did not explain why. Conservative justices Neil Gorsuch and Clarence Thomas dissented, with Gorsuch calling it a “grievous mistake” not to hear the case and arguing the court would have acted differently if the claim were brought by Christians.
Oak Flat, located in the Tonto National Forest about 70 miles east of Phoenix, has been used for generations by Western Apaches for religious and cultural practices. In 2014, Congress approved a land swap transferring the site to Resolution Copper, a joint venture between Rio Tinto and BHP, to develop a mine expected to supply 25% of U.S. copper needs — especially critical for renewable energy and electric vehicles.
Vicky Peacey, general manager at Resolution Copper, said the company has engaged in “extensive consultation” with tribes and will continue ongoing dialogue. Meanwhile, Apache Stronghold leader Wendsler Nosie Sr. vowed to continue the fight, calling on Congress to intervene while pursuing further court action.
