Apache Group files Supreme Court petition to stop mine on tribe’s sacred land

GALLUP, New Mexico – A group of Apaches protesting the construction of a copper mine in the Oak Flat area of ​​Arizona stopped in New Mexico on their way to Washington, D.C., to make their case, where they plan to file a petition asking the U.S. Supreme Court to hear their case against the federal government.

Apache Stronghold, a nonprofit group of San Carlos Apaches and others, is fighting against the proposed Resolution copper mine in Oak Flat, an area in the Tonto National Forest outside Superior, Arizona.

Oak Flat, known in the Apache tribe as Chi’chil Bi∤dagoteel, is the ancestral land of the San Carlos Apache Tribe. In English, the name means “Emory Oak stretching on a plain.” For the Western Apache, Oak Flat is a “direct corridor to their Creator and the site of essential religious practices that ‘cannot take place anywhere else,'” Apache Stronghold said in an April appeal to the 9th U.S. Circuit Court of Appeals.

Oak Flat was protected by the U.S. Forest Service for decades, but its status changed in 2014 when Congress approved a land transfer with Resolution Copper, exchanging the area for other land in Arizona. The land swap was included in an amendment to a defense appropriations bill.

Resolution Copper is a joint venture between mining companies Rio Tinto and BHP. According to Resolution Copper, the project has the potential to meet nearly 25 percent of U.S. copper demand and contribute up to $1 billion annually to Arizona’s economy.

Members of the Apache Stronghold stopped in Gallup as part of a prayer journey that began last month in Washington state. As they travel across the country, they plan to visit communities on or near tribal lands to learn about natural resource extraction plans and projects that harm and threaten indigenous communities.

In their lawsuit, they claim that the destruction of Oak Flat will prevent them from participating in and practicing Apache religious activities because their spiritual connection with the land there would cease. They also claim that the federal government is violating the Religious Freedom Restoration Act and an 1852 treaty between the United States and the Apache.

“We thought it was an Apache case. But no, it became a Native American case. It became a state case. It’s a country case. It’s a humanity case,” Wendsler Nosie Sr. told community members gathered in the plaza outside the McKinley County Courthouse in downtown Gallup.

Nosie, an enrolled member of the San Carlos Apache Tribe and former tribal chairman, is the leader of Apache Stronghold.

“I’m going to touch these places that were sacrificed and destroyed,” Nosie said in an interview. “As people, this really affects us socially. I come to these places to tell the story of this country.”

The Oak Flat copper deposit was discovered in 1995, according to the final environmental impact statement released by the U.S. Forest Service in January 2021.

“We thought it was an Apache case. But no, it became a Native American case. It became a state case. It’s a country case. It’s a humanity case.”

The document mentions that several tribes have used the area for spiritual and traditional practices, including the Fort McDowell Yavapai Nation, Gila River Indian Community, Hopi Tribe, Mescalero Apache Tribe, Pueblo of Zuni, Salt River Pima-Maricopa Indian Community, Tonto Apache Tribe, White Mountain Apache Tribe, Yavapai-Apache Nation, and Yavapai-Prescott Indian Tribe.

Apache Stronghold filed its lawsuit to prevent the land transfer in January 2021 in U.S. District Court in Arizona. After the district court ruled in favor of the defendants, the group appealed to the 9th U.S. Circuit Court of Appeals. After that appeal was denied, they asked that an 11-judge panel of the court review the matter. They lost that appeal, too. The court ruled “that the mine is not subject to federal laws protecting religious freedom,” according to the Becket Fund for Religious Liberty, a nonprofit legal group representing Apache Stronghold.

In April, the group filed an appeal to have the case heard by a full panel of judges in the 9th Circuit Court. The motion was denied in May and the court affirmed the lower court’s decision.

Although the group focuses its legal argument on the project’s violation of religious freedom, the mine would also have significant environmental impacts, including a crater nearly two miles wide and 1,080 feet deep. Resolution Copper proposes using 775,000 acre-feet of water for the project, which equates to about 250 billion gallons of water over the life of the mine.

Nosie said he is aware of the environmental aspects of the issue, but stressed that Apache Stronghold remains focused on violating religious rights. For this reason, the group visits tribal communities and listens to tribal members when they hear of similar projects and proposals that threaten their traditions and cultures.

“In our way, you can tell the health of the people by the condition of the land,” said Lian BigHorse, Nosie’s daughter.

Members of Apache Stronghold and their supporters entered the courthouse plaza from the east. A young man chanted in the Apache language as they followed the two women leading the group.

Norman Patrick Brown, Diné, spoke about the Navajo Nation’s relationship with natural resources, including uranium and coal mining and oil and fossil gas production. He also mentioned new proposals for helium and hydrogen extraction.

“We know what the corporations are doing here,” Brown said of Dinétah, the tribe’s traditional homeland in the Navajo language. “We call it the national sacrifice area.”

The indigenous population has been fighting against mining and large corporations for decades, he added.

“We know the struggle firsthand. The sacrifices and the dedication it takes to stand up for your people,” Brown said. “It’s hard to stand up for your ancestors. It’s hard to stand up for all the sacred things we believe in.”

The fight will continue if the companies claim the tribe’s land, he said.

The Burlington Northern Santa Fe Railroad’s Southern Transcon route passes through downtown Gallup, and occasionally a train horn would sound as Larry Foster, also of Diné descent, prayed for the group to travel strong and safely. He is a longtime advocate for Native American religious freedom and has been involved with Apache Stronghold for years.

“We know how hard the crisis is and we pray for it,” Foster said after the meeting.

The prayer journey began on July 13 in the Lummi tribe of Washington state and ended on August 6 in Nevada at Thacker Pass, where Paiute and Shoshone are fighting against a lithium mining project that began last year. The group also visited California and Arizona. Gallup was the first stop on the group’s visit to New Mexico, which also included a stop in Albuquerque on August 20.

Their journey ends in Washington, DC, where the group plans to file their petition with the U.S. Supreme Court on September 11.

“We’re going to the Supreme Court,” BigHorse said. “We’re on the right track.”