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Federal Court Halts Destruction of Oak Flat

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A federal court has issued an order halting the U.S. government’s plans to transfer Oak Flat—the most sacred site of the Western Apaches—to a multinational mining corporation for destruction. In the case Apache Stronghold v. United States, the government recently indicated it could hand over the land as soon as June 16, 2025, to Resolution Copper, a mining company with Chinese ownership, which intends to transform the sacred site into a massive copper mine. This would effectively end Apache religious practices tied to the land. Apache Stronghold, a coalition of Western Apaches, other Native communities, and allies, filed an emergency motion to pause the transfer while the case awaits review by the U.S. Supreme Court.

A federal court granted that request today, with Judge Steven P. Logan concluding, “There is no close question in this matter. It is abundantly clear that the balance of equities ‘tips sharply’ in Plaintiff’s favor, and … they have presented serious questions on the merits that warrant the Supreme Court’s careful scrutiny.” 

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 For countless generations, Western Apaches and other Native peoples have gathered at Oak Flat—known in Apache as Chi’chil Biłdagoteel—just outside present-day Superior, Arizona, to conduct sacred ceremonies that cannot be held anywhere else.
 
Oak Flat is listed on the National Register of Historic Places and has been shielded from mining and other destructive activities for the past seventy years. That protection came under threat in December 2014, when a last-minute provision was quietly added to a must-pass defense bill, authorizing the land’s transfer to Resolution Copper. The company now plans to turn this sacred site into a crater two miles wide and 1,100 feet deep. Resolution Copper is majority-owned by Rio Tinto, the same mining giant that drew global condemnation for destroying 46,000-year-old Indigenous rock shelters at a major cultural site in Australia.
 
“The federal government and Resolution Copper have put Oak Flat on death row—they are racing to destroy our spiritual lifeblood and erase our religious traditions forever,” said Dr. Wendsler Nosie Sr. of Apache Stronghold. “We are grateful the judge stopped this land grab in its tracks so that the Supreme Court has time to protect Oak Flat from destruction.” 
 
Apache Stronghold filed this lawsuit in January 2021 to stop the proposed copper mine at Oak Flat. The project faces widespread opposition—including 21 of the 22 federally recognized tribal nations in Arizona, the National Congress of American Indians, and a broad coalition of religious groups, civil rights organizations, and legal scholars. National polls show that 74% of Americans support preserving Oak Flat. Despite this, the Ninth Circuit Court of Appeals ruled 6–5 last year that the land transfer does not violate federal religious freedom protections. In a strong dissent, five judges warned the court had “tragically err[ed]” in failing to safeguard the sacred site.
 

“The feds have absolutely no reason to ram through the transfer of Oak Flat while our case is standing on the doorstep of the Supreme Court,” said Luke Goodrich, vice president and senior counsel at Becket. “This ruling ensures that Oak Flat remains protected as the legal process continues, giving the Supreme Court time to decide if cherished Apache rituals can continue for future generations.” 

In addition to Becket, Apache Stronghold is represented by Erin Murphy of Clement & Murphy PLLC, Professor Stephanie Barclay of Georgetown Law School, and attorneys Michael V. Nixon and Clifford Levenson. 

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Levi Rickert
Author: Levi RickertEmail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Levi "Calm Before the Storm" Rickert (Prairie Band Potawatomi Nation) is the founder, publisher and editor of Native News Online. Rickert was awarded Best Column 2021 Native Media Award for the print/online category by the Native American Journalists Association. He serves on the advisory board of the Multicultural Media Correspondents Association. He can be reached at [email protected].