A federal appeals court has ruled that a land exchange paving the way for one of the nation’s largest copper mines can move forward. Oak Flat in central Arizona is a sacred site to the San Carlos Apache Tribe, who’ve opposed the project for years.
In a recent decision the U.S. Ninth Circuit Court of Appeals denied a preliminary injunction to stop the exchange of nearly 2,500 acres of Tonto National Forest near the town of Superior. It’s where the company Rio Tinto plans its Resolution Copper mine. In a 2-to-1 decision, the court ruled the project doesn’t rise to the level of a substantial burden on the tribe’s exercise of religion.
Oak Flat is the site of Apache ceremonies and where tribal members gather medicinal plants and visit sacred springs. It’s also included on the National Register of Historic Places. The mine would create a massive crater which tribal members say would permanently prevent them from conducting their spiritual practices.
The group Apache Stronghold sought the injunction while their separate court case against the federal government is decided. They say the exchange violates the Free Exercise Clause of the First Amendment as well as an 1852 treaty. A lawyer for the group says the decision is devastating and threatens people of all faiths.
In a statement the company says the project has been developed in consultation with tribes and they’ll continue to address and mitigate concerns.
