Apache Stronghold loses appeal. Can Resolution Copper begin mining on federal land?

The battle over copper mining at Oak Flat, an area sacred to Native tribes, has been waged for two decades.

On March 1, the dispute marked a significant milestone: The 9th U.S. Circuit Court of Appeals narrowly rejected the argument from the grassroots group Apache Stronghold that mining activity would destroy First Amendment religious rites observed by Native tribes.

The court voted 6-5 to uphold a lower court’s denial of a preliminary injunction that sought to halt the transfer of federal land to Resolution Copper for the mining project.

The suit, Apache Stronghold v. United States, was filed in January 2021 in federal district court. After losing that ruling, the Native rights group took the case to the appeals court, where a three-judge panel rejected Apache Stronghold's assertion that the mine would pose a substantial burden to their First Amendment religious practice rights.

Oak Flat, located just shy of 70 miles east of Phoenix, is regarded as one of the most sacred sites to the Apache people. It has been at the center of debate on religious protections. Apache Stronghold, with the backing of the nation's largest religious freedom law firm, Becket Law, is resolute in its commitment to fight for the religious site's protection.

However, with this narrow ruling – a victory for Resolution Copper – the question now is: what’s next for the Apache people?

In this episode of The Gaggle, Mary Jo Pitzl and Kaely Monahan sit down with Indigenous Affairs Reporter, Debra Krol, to find out what's next for the sacred site.

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