DON'T WAIT.

We publish the objective news, period. If you want the facts, then sign up below and join our movement for objective news:

TOP STORIES

Latest News

Apache Tribe Escalates Sacred Land Dispute to US Supreme Court

 September 17, 2024

In a significant legal move, the Apache Stronghold has brought its battle to protect Oak Flat, a sacred site in Arizona, before the nation's highest court, underscoring a contentious clash between religious freedoms and governmental mining interests.

The U.S. Supreme Court will soon decide on a case that could define the balance between religious freedom and economic development over a sacred Native American site, as Fox News reports, with both presidential contenders keeping an eye on the battle.

Historical and Spiritual Significance of Oak Flat

Oak Flat, spanning 6.7 square miles in Arizona, holds profound spiritual significance for the Apache tribe. It has been a site for their religious ceremonies and cultural identity for over 1,500 years.

This area includes old-growth oak groves, sacred springs, and burial sites, marking it as a crucial part of Apache heritage.

One of the most important rituals conducted here is the Sunrise Ceremony -- a rite of passage for Apache girls into womanhood. Wendsler Nosie of Apache Stronghold emphasizes, "That's where our ceremonial ways have been born, the identity of who we are, and the continuing of who we are as people."

Controversial Land Transfer and Mining Plans

In 2014, the U.S. government authorized the transfer of Oak Flat to Resolution Copper through a bill attached to the National Defense Authorization Act, spearheaded by then-Sens. John McCain and Jeff Flake.

Resolution Copper, a venture between mining giants Rio Tinto and BHP, plans to mine the site for its rich copper deposits, potentially creating a large crater and thereby destroying the sacred site.

The proposed mining has sparked significant opposition, citing the irreversible damage it would cause to Oak Flat. An environmental impact statement released in January 2021 confirmed that the mining activities would indeed obliterate the area.

Legal Arguments and Court Proceedings

The Apache Stronghold has turned to the courts to protect their sacred land. They argue that the government's actions violate their religious freedoms as protected under the Religious Freedom Restoration Act (RFRA) and the Free Exercise Clause.

Becket, a legal institute defending the tribe, has represented their case up to the Ninth Circuit Court, which provided a mixed ruling.

Joe Davis from Becket expressed frustration, saying, "They effectively say that there's a carve-out from RFRA for the government's management of federal land," highlighting the legal challenges faced in asserting rights over federal lands.

Supreme Court's Role in Religious and Land Rights

As the case progresses to the Supreme Court, the decision will have profound implications for federal land management and religious freedoms.

Luke Goodrich, vice president of Becket, states, "Blasting the birthplace of Apache religion into oblivion would be an egregious violation of our nation’s promise of religious freedom for people of all faiths."

On the other side, a spokesperson from Resolution Copper maintains that the case doesn't warrant Supreme Court review, arguing, "This case is about the government’s right to pursue national interests with its own land."

Economic Impact and Community Opinions

While the project promises significant economic benefits, including nearly one-quarter of America’s copper needs and adding $1 billion a year to Arizona’s economy, it faces strong opposition for its environmental and cultural impacts. The Resolution Copper project also aims to create thousands of local jobs in a region with a long history of mining.

The company asserts ongoing dialogue with local communities and Native American Tribes, stating, "Our dialogue with local Native American Tribes and communities will continue to shape the project, building on more than a decade of Tribal and government consultation and collaboration."

Impending Supreme Court Decision

As the Supreme Court gears up to decide on this pivotal case in October, both sides of the dispute are preparing for a ruling that could set a landmark precedent for the intersection of religious freedom and federal land use.

The outcome will likely resonate beyond the borders of Arizona, influencing future cases involving sacred lands and indigenous rights across the United States.