Indigenous Dispute Dismissed by US Supreme Court: Native American Appeal to Halt Copper Mine Rejected
The United States Supreme Court declined to intervene in a dispute over a proposed copper mine on land considered sacred by the San Carlos Apache tribe.
On Tuesday, the court dismissed an appeal from Apache Stronghold, allowing a lower court's ruling that endorses the construction of the mine on a portion of the Tonto National Forest in Arizona.
The mine, operated by Resolution Copper – a subsidiary of Rio Tinto and BHP – is believed to sit atop the second-largest copper deposit worldwide. The land, known as Oak Flat or Chi'chil Bildagoteel in the Apache language, has significant cultural and religious significance for the tribe.
For generations, the Apache people have used the site for prayer, ceremonies, and burials, relying on its ancient groves of oak trees. Touting its spiritual importance, Apache Stronghold dubbed Oak Flat a "direct corridor to the Creator."
The land transfer, initiated in 2014 under President Barack Obama, granted Resolution Copper nearly 4 square miles of Oak Flat forest in exchange for other lands in Arizona. In doing so, it sparked a years-long legal battle between the Apache Stronghold and the government, as the tribe argued that the construction would infringe upon their religious rights.
The Trump administration, however, supported the land transfer, with the United States Forest Service estimating the mining project could yield nearly 40 billion pounds of copper – over 18 billion kg.
Critics of the project predict a 2-mile wide crater and a 984-meter deep pit as a result of its completion. The 9th Circuit Court of Appeals, based in San Francisco, ruled in March 2024 to allow the land transfer to proceed in a 6-to-5 decision.
A federal judge in Arizona momentarily blocked the transfer on May 9, 2025, as the Apache Stronghold pursued its appeal to the Supreme Court. Among the justices, Neil Gorsuch and Clarence Thomas expressed dissatisfaction with the Supreme Court's decision not to hear the appeal, characterizing it as a "grave mistake."
Justices Alito, Gorsuch, and Thomas are all reportedly linked to the involved mining companies, with Alito recusing himself from the decision.
The effort to preserve Oak Flat remains a contentious issue, with protesters rallying outside the Sandra Day O’Connor Courthouse through May 2025. Apache Stronghold has stated that their culture and religion are invaluable and cannot be replaced by any amount of compensation.
- The San Carlos Apache tribe's opinions clash with the politics of some justices and the Trump administration, who support the construction of a controversial copper mine on land of great cultural and religious significance, known as Oak Flat.
- The proposed copper mine, situated in the Tonto National Forest in Arizona and believed to be the second-largest copper deposit worldwide, has sparked a lengthy legal battle over policy-and-legislation, involving concerns about the infringement of the Apache tribe's religious rights and potential environmental damage.
- Amid general-news coverage of the ongoing dispute, questions about potential conflicts of interest between the Supreme Court justices and the involved mining companies have arisen, with Justice Alito recusing himself from the decision.
