Apache Stronghold 'We Are Still Fighting'
Statement from Dr. Wendsler Nosie Sr.
Many of you have heard that on Friday, the Ninth Circuit again refused to stop the Government from giving Oak Flat to Resolution Copper for destruction. This is sad news. But we will never stop fighting to protect Oak Flat and each place that is sacred to our people. And we are still fighting—in the courts, in Congress, and, most importantly, spiritually.
In the courts, there are still four lawsuits seeking to protect Oak Flat. All four cases are still going. And any one of these cases could still put a stop to the Government’s and Resolution’s plans to destroy Oak Flat:
- In Lopez v. United States, on the day after Friday’s ruling, seven brave Apache women filed an emergency appeal in the U.S. Supreme Court, asking the Court to stop the mine and protect Oak Flat. The Supreme Court could rule on that appeal any day. The women in that case can also ask the Ninth Circuit to reconsider its ruling in their case. The deadline to ask for reconsideration is April 27, 2026. That case focuses on religious freedom.
- In San Carlos Apache Tribe v. United States, also part of Friday’s ruling, the Tribe can also ask the Ninth Circuit to reconsider its ruling and/or appeal to the Supreme Court. That case focuses on the Tribe’s rights, tribal consultation, and the inadequacy of the government’s decision-making process.
- In Arizona Mining Reform Coalition v. United States, also part of Friday’s ruling, several environmental groups and the Inter-Tribal Association of Arizona can also ask the Ninth Circuit to reconsider its ruling and/or appeal to the Supreme Court. That case focuses on the government’s unfair appraisal of Oak Flat and inadequate environmental review.
- Apache Stronghold v. United States, which is our case, has been “stayed” (or temporarily put on hold) waiting for the Ninth Circuit’s ruling, which came on Friday. Now that the Ninth Circuit has ruled, our case will start again in the district court. We will continue making every possible legal claim to protect Oak Flat.
In Congress, on Tuesday, Representative Adelita Grijalva introduced legislation to preserve public lands in the Chí’chil Biłdagoteel Historic District and fight back against the proposed mine. This bill is an important part of the fight to protect Oak Flat.
But even more than legally and politically, we are continuing to fight spiritually. This fight has never been primarily about law or politics. It is about who we are as human beings, religiously and spiritually. If we allow sacred places to be destroyed for profit, we are saying that nothing is truly sacred. We are losing something essential about our humanity—our ability to respect Mother Earth, to honor what is holy, and to live in balance with the world around us.
That is why we are calling on all people to continue raising their voices, in prayer and protest, to protect Oak Flat—to protect the sacred. We, the Apache Stronghold, invite you to an upcoming spiritual gathering on March 28-29, 2026 at Oak Flat.
The legal system may try to reduce our struggle to questions of ownership and profit. But our connection to Mother Earth predates those systems. It is something each one of us is born into, something we carry in our prayers, our songs, and our way of life. No matter what the courts rule, no matter what the government tries to do, we will never stop fighting to preserve our sacred places. We will not lose our connection to the Creator.
