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Supreme Court Upholds Copper Mine Project Over Apache Appeals

Credited from: LATIMES

  • The Supreme Court declined to hear appeals from the Apache tribe regarding a copper mine on sacred land.
  • Resolution Copper plans to mine one of the largest known copper deposits at Oak Flat, which is sacred to the Apache.
  • Justices Gorsuch and Thomas dissented, calling the decision a "grievous mistake" impacting religious freedom.
  • The land transfer was authorized by a 2014 congressional law amid significant local support for the mining project.
  • Apache Stronghold leaders have vowed to continue their fight against the mine through legal and congressional avenues.

The Supreme Court on Tuesday declined to hear an appeal from Apache Stronghold, a group representing the interests of certain members of the San Carlos Apache Tribe, who are fighting to block a copper mining project on land they consider sacred, known as Oak Flat in Arizona. The Court's decision leaves in place lower courts' rulings that allow the land transfer to Resolution Copper, a subsidiary of mining giants Rio Tinto and BHP, which plans to access what is believed to be the second-largest known copper deposit in the world, according to Indiatimes and CBS News.

The site, deeply revered by the Apache people for its spiritual and cultural significance, has been protected by the federal government for over a century. However, a 2014 congressional land transfer law permitted the mining company to obtain this land, prompting years of legal challenges from the Apache tribe. Apache leaders argue that the mining project will result in the "utter destruction" of Oak Flat, violating their religious rights. Justice Neil Gorsuch, joined by Justice Clarence Thomas, expressed in his dissent that the refusal to hear the case was a tragic miscalculation by the Court, which would have been more vigilant had a historic cathedral been threatened instead, according to The Hill and Los Angeles Times.

The U.S. Forest Service estimates that the copper mining operation could yield approximately 40 billion pounds of copper over its lifetime, potentially generating $1 billion annually for Arizona's economy. This prospect has garnered considerable local support, especially from traditional mining communities. Resolution Copper has asserted that it will create thousands of jobs and has made changes to reduce impacts on tribal interests, as emphasized by their general manager, Vicky Peacey, in statements to the press. Furthermore, Gorsuch noted that the impending destruction of such a sacred site warrants serious consideration of its implications for religious freedom, according to Al Jazeera and HuffPost.

Apache Stronghold has expressed its determination to continue the fight through other legal maneuvers and efforts to engage Congress directly for further intervention. Wendsler Nosie Sr., an Apache elder, reiterated their unwavering commitment to defending Oak Flat, stating, “We will never stop fighting — nothing will deter us from protecting Oak Flat from destruction,” highlighting the deep cultural and spiritual ties the Apache maintain with the site. The Supreme Court's denial follows a split decision from the U.S. Court of Appeals for the 9th Circuit, which upheld the land transfer and mandated that construction could commence, according to Los Angeles Times and HuffPost.

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