Oak Flat Sacred Apache Site
The U.S. Supreme Court has denied an appeal from Apache Stronghold, permitting a controversial copper mining project at Oak Flat, a site of great spiritual significance for the Apache community. This decision solidifies the previous court rulings that support the transfer of this sacred land to Resolution Copper. The mining project poses risks to the environment and community’s religious practices, sparking outrage among Apache tribes while promising economic benefits for Arizona.
The U.S. Supreme Court has made a significant ruling by denying an appeal from Apache Stronghold that sought to block a controversial copper mining project at a site called Oak Flat, cherished by the Western Apache community. With this decision, the previous court rulings that allowed the transfer of this sacred land to Resolution Copper are now firmly in place.
Located in the scenic Tonto National Forest, Oak Flat has profound spiritual importance for the Apache people. Traditionally, this area has been used for various religious ceremonies, including crucial rites of passage for Apache youth. The community views the site as not just land but as a sacred space intertwined with their identities and beliefs.
The land transfer was supported by the Trump administration back in 2014 as part of an agreement that involved giving up other land parcels to Resolution Copper. This company has announced plans to mine what is often called the world’s second-largest known copper deposit, expected to yield approximately 40 billion pounds of copper. However, this ambitious project comes at a hefty cost, as it is projected to create a massive crater, 1,100 feet deep and 2 miles wide, potentially obliterating access to the sacred Oak Flat.
Members of Apache Stronghold, representing the San Carlos Apache Tribe, are understandably distressed by the Supreme Court’s decision, labeling it a “heavy blow” to their community. They argue that this mining project violates their religious rights, as outlined in the Religious Freedom Restoration Act. The tribe’s commitment to fighting this decision indicates their deep connection to the land. They have not shied away from calling for congressional intervention, emphasizing the need for acknowledgment and respect of their spiritual beliefs.
Among the justices, there were differing opinions. Justice Neil Gorsuch expressed his dissent, describing the court’s choice to not take the case as a “grievous mistake.” He brought attention to the long history of the Apache people’s connection to Oak Flat, highlighting that ongoing government actions threaten their fundamental religious practices. Interestingly, Justice Samuel Alito chose not to participate in the case, citing a potential conflict of interest due to his stock holdings in BHP, a partner in Resolution Copper.
On the opposite side of the aisle, Resolution Copper’s general manager, Victoria Peacey, pointed out that the copper mining project could lead to an economic boost for Arizona, potentially generating around $1 billion annually and providing thousands of job opportunities. While many are eager to explore the economic benefits, the discussions surrounding job creation clash with the spiritual concerns of the Apache people.
Before this ruling, the Biden administration started a pause on the environmental review process associated with the land transfer to better consult with Native American tribes. This move shows an acknowledgment of the complex relationship between development and sacred sites. The 9th Circuit Court had previously ruled that the land transfer did not significantly burden the tribe’s religious practices, a conclusion that continues to spark debate.
Despite the challenges ahead, Apache Stronghold and representatives from the San Carlos Apache Tribe remain undeterred in their pursuit to protect Oak Flat. They plan to continue the legal battle, determined not only to preserve their sacred land but to remind the world of its spiritual significance. With the surface of this issue still very much alive, the fate of Oak Flat is bound to be a vital topic in the ongoing discussion about indigenous rights, religion, and environmental stewardship.
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