Oak Flat: Supreme Court rejects Arizona tribe's plea to block building of copper mine
PINAL COUNTY, Ariz. - The Supreme Court has rejected an appeal from an Arizona tribe fighting to halt the construction of a copper mining project on federal land that they hold sacred.
What we know:
The justices left in place lower court decisions allowing the transfer of the Tonto National Forest land, known as Oak Flat, to Resolution Copper, which plans to mine what it says is the second-largest known copper deposit in the world, the Associated Press reported on May 27.
The Trump administration has said it will push to complete the transfer.
Dig deeper:
Apache Stronghold, a group representing the interests of certain members of the San Carlos Apache Tribe, has argued that the land transfer will result in the destruction of the site in violation of its members’ religious rights.
Many in the community are happy about the decision, citing the need for jobs in the old mining town, but there is deep grief for those who say this is an ancient religious site that will forever be lost.
The land has an estimated two billion tons of copper, and it’s enough, Resolution Copper says, to satisfy 25% of America's copper demand.
"If this project does go through, and it's destroyed, it’s one of the greatest sins of the world," Wendsler Noise Sr., the former chairman of the San Carlos Apache Tribe, said to FOX 10 back in 2023.
Noise explained that the land is connected to coming-of-age ceremonies and is similar in sanctity to St. Peter’s or the Wailing Wall. If the mine was built, he said worship would never be the same for his people.
"It’s no longer a native fight. It’s an American issue," Noise previously said.
For years, Noise and Apache Stronghold challenged the federal government’s transfer of Oak Flat to Resolution Copper.
The other side:
"We are pleased that the ninth circuit’s decision will stand," Resolution Copper said in a statement, adding that the mine is "vital to securing America’s energy future, infrastructure needs, and national defense with a domestic supply of copper and other critical minerals."
The company touts that it will pump a billion dollars into the Arizona economy each year, and that it will create thousands of local jobs.
"Because of the impact of the new jobs, we will be able to expand our fire department and our police department. That’s really going to improve and increase public safety for residents of Superior and anyone visiting Superior," Superior Mayor Mila Besich said. "We are ready. We are ready to build the workforce. We have been building the workforce, and we are excited."
Besich's family has called the town home for five generations, and says the workforce will help the town in more ways than one.
At Bellas Cafe on Main Street in downtown, owner Nancy Marie Giordano agrees.
"I know that there is a lot of touchy subjects and concerns, but I honestly feel that it is going to do good for the economic growth of Superior and its infrastructure," Giordano said.
‘We owe the Apaches no less’
In his dissent, Justice Neil Gorsuch, joined by Justice Clarence Thomas, said that the court declining to hear the case was a "grievous mistake" that would have "consequences that threaten to reverberate for generations."
"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," Justice Gorsuch said.
The government says that it will seek to transfer the land to Resolution Copper shortly after publishing a final environmental impact statement on June 16.
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