Supreme Court declines to review Oak Flat case involving land used for Native American religious ceremonies

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LOUISVILLE — In a case watched closely by some Presbyterians, the U.S. Supreme Court has declined to save an expanse of land in central Arizona that’s considered sacred by many Native Americans who want it preserved for religious purposes.

On Tuesday, justices let stand a lower court decision that the land, known as Oak Flat, or Chí’chil Biłdagoteel, can be transferred to a foreign company — Resolution Copper — despite opposition from Indigenous people who’ve worshiped on the land for centuries and consider it to be a direct link to the Divine.

The decision represents a setback for Apache Stronghold, a coalition of Apaches, other Native peoples and non-Native allies that filed a formal request with the Supreme Court last year asking for justices to review a 9^th Circuit Court of Appeals decision against the grassroots group, which wants to stop Oak Flat from being consumed by a mining operation that would create a massive crater on the land, which is primarily located in the Tonto National Forest. 

On Tuesday, the Supreme Court declined to review the case, according to Becket, a religious rights law firm that helps to represent Apache Stronghold, which has said the copper mine would swallow Oak Flat and end sacred Apache rituals forever.

“It is hard to imagine a more brazen attack on faith than blasting the birthplace of Apache religion into a gaping crater,” Luke Goodrich, vice president and senior counsel at Becket, said in a news release. “The Court’s refusal to halt the destruction is a tragic departure from its strong record of defending religious freedom. We will do everything in our power to ensure that the Apaches can continue worshiping at Oak Flat as they have for generations.”

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As is customary, according to the Washington Post, the Supreme Court did not explain why it would not review the case. But dissenting Justice Neil Gorsuch called the decision a “grave mistake.”

“This case meets every one of the standards we usually apply when assessing petitions for certiorari … Before allowing the government to destroy the Apaches’ sacred site, this Court should at least have troubled itself to hear their case,” wrote Gorsuch, who was joined by Justice Clarence Thomas.

Gorsuch added, “Just imagine if the government sought to demolish a historic cathedral on so questionable a chain of legal reasoning. I have no doubt that we would find that case worth our time. Faced with the government’s plan to destroy an ancient site of tribal worship, we owe the Apaches no less.”

Dr. Wendsler Nosie Sr. of Apache Stronghold remains determined to keep pushing to stop the copper project, according to Becket, which notes strong opposition among the federally recognized tribal nations in Arizona.

“We will never stop fighting,” Nosie said in Becket’s news release. “Nothing will deter us from protecting Oak Flat from destruction. While this decision is a heavy blow, our struggle is far from over. We urge Congress to take decisive action to stop this injustice while we press forward in the courts.”

Vicky Peacey, general manager of Resolution Copper, issued a statement noting that there has been more than a decade of consulting and collaborating with Native American tribes and local communities, resulting in “major changes to the mining plan to preserve and reduce potential impacts on Tribal, social, and cultural interests, and this ongoing dialogue will continue to shape the project.”

However, Presbyterian support for preservation of the land continues. “The Office of Public Witness stands in unwavering solidarity with the Apache Stronghold and the San Carlos Apache Tribe in their sacred duty to protect Oak Flat,” said the Rev. Jimmie Hawkins, the PC(USA)'s advocacy director and an assistant stated clerk. “This land is not just soil and stone — it is holy ground, woven with prayers, sacred ceremonies and ancestors of the Apache people. To desecrate it with a copper mine is to ignore our shared responsibility to uphold Indigenous sovereignty, environmental justice and the sacredness of God’s Creation.”

The land, which is on the National Register of Historic Places, was protected for years but became in jeopardy when it was included in a 2014 defense bill that authorized transferring about 2,400 acres for the underground mine.

Apache Stronghold filed a lawsuit in 2021 to stop the proposed mine, but the 9th Circuit eventually decided that the mine project isn’t subject to federal law protecting religious freedom, according to Becket.

After the Trump administration recently announced its intention to take steps to fast track the project, a federal judge granted Apache Stronghold a temporary injunction May 9, putting the matter on hold until the U.S. Supreme Court could weigh in.

Throughout the years, the Apache’s legal fight has captured the attention of many activists and allies. 

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In October 2024, the Rev. Jihyun Oh, Stated Clerk of the General Assembly and the Executive Director of the Interim Unified Agency, signed a friend of the court brief in the Supreme Court case. She was joined by the Mennonite Church USA and the Lipan Native American Church in noting that destruction of Oak Flat would constitute a “substantial burden on religious exercise.”

Quoting from Psalm 24:1, Hawkins noted this week, “The Earth is the Lord’s, and all that is in it,” adding, “Our faith compels us to speak, act, and pray alongside the Apache people until Oak Flat is permanently protected and honored as the sacred place it is."

Those who wish to write letters in opposition to the copper mine can find a toolkit here.

“It’s crucial we keep pressure on Congress and the Trump administration by sending letters to protect Oak Flat permanently,” said Eileen Schuhmann, associate for global engagement and resources for the Presbyterian Hunger Program.