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Apache Stronghold delivers appeal over Oak Flat to US Supreme Court

Supporters of the Apache Stronghold case to protect Oak Flat gather for a press conference outside the U.S. Supreme Court on Sept. 11, 2024.
Courtesy of Becket Law
Supporters of the Apache Stronghold case to protect Oak Flat gather for a press conference outside the U.S. Supreme Court on Sept. 11, 2024.

Apache Stronghold formally filed an appeal to the U.S. Supreme Court Wednesday in a final attempt to save one of the Apache’s most sacred sites from a copper mine.

The delivery marks the end of a two-month cross-country prayer journey organizers hoped would draw attention to their efforts to save Arizona’s Oak Flat, located about 60 miles east of Phoenix, from mining by Resolution Copper.

The coalition argues the site is covered by federal laws that protect religious freedom, such as the American Indian Religious Freedom Act of 1978. However, the 9th U.S. Circuit Court of Appeals rejected that claim in March. This left the U.S. Supreme Court as the only remaining option.

In the Apache religion, Ga'an Canyon is where beings who have been compared to angels live. It's located near Oak Flat, about 40 miles east of Phoenix in the Tonto National Forest.
Russ McSpadden
/
Center for Biological Diversity
In the Apache religion, Ga'an Canyon is where beings who have been compared to angels live. It's located near Oak Flat, about 40 miles east of Phoenix in the Tonto National Forest.

“Oak Flat is our Mt. Sinai — the most sacred place where generations of Apache have come to connect with our Creator, our faith, and our land,” Apache Stronghold founder Wendsler Nosie Sr. said. “We pray the Justices will protect Oak Flat and ensure that our place of worship is not treated differently simply because it lacks four walls and a steeple.”

The Supreme Court must first decide if the justices will even consider the matter. The law firm behind the appeal says they expect a decision on whether they take the case by early next year.

Resolution Copper told KJZZ News the case “doesn’t present any question worthy of Supreme Court review,” adding that dialogues with local tribal communities will continue to shape the project.