Supreme Court Rejects Arizona Tribe’s Appeal to Block Copper Mine on Sacred Land

Washington, D.C. – On May 27, 2025, the U.S. Supreme Court declined to hear an appeal from Apache Stronghold, a nonprofit representing members of the San Carlos Apache Tribe, in their effort to halt a massive copper mining project on federal land in Arizona known as Oak Flat. The decision allows Resolution Copper, a subsidiary of mining giants Rio Tinto and BHP, to move forward with plans to develop one of the world’s largest copper mines, despite the tribe’s claims that the project would destroy a site sacred to their religious practices.

Oak Flat, or Chí’chil Biłdagoteel in the Apache language, is located in the Tonto National Forest, approximately 70 miles east of Phoenix. For centuries, the Western Apache have used the area for worship, coming-of-age ceremonies, and gathering traditional plants and acorns. The site sits atop an estimated 40 billion pounds of copper, making it a prime target for mining interests. If developed, the mine would create a crater roughly two miles wide and 1,000 feet deep, effectively obliterating the sacred site, according to court documents and tribal leaders.

The legal battle began in 2014 when Congress approved a land swap, signed into law by then-President Barack Obama, transferring 3.75 square miles of Tonto National Forest land to Resolution Copper in exchange for eight parcels the company owns elsewhere in Arizona. Apache Stronghold sued in 2021, arguing that the land transfer violates the Religious Freedom Restoration Act (RFRA), the First Amendment’s guarantee of religious freedom, and an 1852 treaty between the U.S. government and the Apache. The group contended that the destruction of Oak Flat would impose a “substantial burden” on their religious practices, a claim rooted in RFRA’s protections.

Lower courts, including a sharply divided 6-5 ruling by the 9th U.S. Circuit Court of Appeals in March 2024, rejected Apache Stronghold’s arguments, upholding the government’s authority to transfer federal land for public purposes. The appeals court’s majority determined that the land swap did not violate religious protections, as the government’s action was not deemed a direct prohibition on religious practice. The five dissenting judges called the outcome a “tragic error” that would result in the “utter destruction” of the sacred site.

The Supreme Court’s refusal to take up the case drew a sharp dissent from Justice Neil Gorsuch, joined by Justice Clarence Thomas. Gorsuch called the decision a “grievous mistake,” arguing that the court should have reviewed the case given its legal significance and the irreversible harm to the Apache’s sacred site. “Now, the government and a mining conglomerate want to turn Oak Flat into a massive hole in the ground,” Gorsuch wrote. Justice Samuel Alito recused himself, likely due to owning $15,000 to $50,000 in BHP stock, according to his financial disclosures.

Resolution Copper’s general manager, Victoria Peacey, hailed the decision, stating that the mine could become one of the largest in the U.S., supplying up to 25% of the nation’s copper demand. Copper is critical for electric vehicles, renewable energy technologies, and national defense, and Peacey emphasized that the company has made “major changes” to the mining plan to reduce impacts on tribal and cultural interests. The project is expected to generate significant economic benefits, with estimates of a $61 billion impact over 60 years and up to 1,500 jobs.

Apache Stronghold and its legal team at the Becket Fund for Religious Liberty vowed to continue their fight. “We will never stop fighting — nothing will deter us from protecting Oak Flat from destruction,” said Wendsler Nosie Sr., a former San Carlos Apache Tribe chairperson and Apache Stronghold leader. The group urged Congress to intervene and block the land transfer, while two additional legal challenges—one by the San Carlos Apache Tribe and another by the Center for Biological Diversity—remain active on environmental and regulatory grounds.

The Trump administration, which resumed the land transfer process in April 2025 after a pause under President Joe Biden for tribal consultations, has signaled its intent to finalize the swap by mid-June. A federal judge in Arizona temporarily blocked the transfer on May 9, pending the Supreme Court’s decision, but the path now appears clear for the project to proceed.

The case has drawn widespread attention, with support for Apache Stronghold from religious groups, environmentalists, and bipartisan state leaders, highlighting tensions between economic development, energy needs, and the preservation of indigenous cultural heritage. As the legal saga continues, the fate of Oak Flat remains a flashpoint in the broader debate over religious freedom and resource extraction on public lands.

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