Apache Stronghold at Phoenix Federal Court
Photos by Lii Nchaa
May 7, 2025
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| Apache Stronghold at federal court today. Photo by Lii Nchaa. |
PHOENIX -- Apache Stronghold's attorneys argued their case in federal court today to protect Sacred Oak Flat from being turned into a massive copper mine. Attorneys for the U.S. government, and Resolution Copper, argued against the injunction, and to allow the land transfer to proceed.
Federal Judge Steven P. Logan took the case under advisement and said he will rule no later than May 14 at 5 p.m.
Apache Stronghold is seeking an injunction to halt the transfer of Oak Flat land to Resolution Copper, pending a ruling in its case now before the U.S. Supreme Court.
The Supreme Court has re-listed the case 13 times, the federal judge stated as the case began today.
President of Resolution Copper Vicky Peacey told the court that the land being transferred includes Resolution Copper's land that includes culturally-sensitive areas and Native American sacred places.
Apache Stronghold's attorney Luke Goodrich of Becket Law told the court that along with the Oak Flat campground, there are sacred springs, and sacred places in the area. There are no guarantees that any of the sacred places will be protected if the land transfer takes place and construction begins.
The U.S. government's attorney argued for the land transfer to proceed.
Resolution Copper says it is currently spending $11 million a month, to maintain the underground mine, to keep the mine area dry, to keep the lights on, and keep the workforce available, its attorney testified.
President of Resolution Copper Vicky Peacey told the court that the land being transferred includes Resolution Copper's land that includes culturally-sensitive areas and Native American sacred places.
Peacey said the copper mine process at Oak Flat would begin with tunnels constructed to the copper ore. This first process takes ten years. The next process of construction takes six years. She also described the existing mining structure which exists from previous mining. Four-hundred people report to work each day to maintain the area, she said.
Peacey told the court that the copper mine would operate for 40 years.
During questions, Peacey said she does not know the monetary value of the copper ore at the site.
In closing comments, Apache Stronghold's attorney said if the land transfer takes place, there would be an immediate loss of legal rights for Apaches to use Oak Flat, all Apaches legal rights would be lost.
The immediate construction would begin with new roads, and there would be damage and ground-clearing taking place. The yucca and oak acorns that are used in Apache ceremonies would be destroyed, he said.
Apache Stronghold asked that the land transfer be delayed until the U.S. Supreme Court rules on the case.
In closing, the U.S. government and Resolution Copper both argued against pausing the land transfer and against the court issuing an injunction.
"On April 17, 2025, the government notified this Court that it intends to move forward with the land transfer—by publishing the Final Environmental Impact Statement (FEIS) that triggers a mandate to transfer Oak Flat—as early as June 16, 2025," Apache Stronghold told the court.
Apache Stronghold urges federal court to save Oak Flat
Apaches ask district court to pause government’s rush to transfer sacred site
By Becket Law, May 7, 2025
WASHINGTON – A coalition of Western Apaches, other Native peoples, and non-Native allies was in federal district court today to stop the U.S. government from handing over their sacred site at Oak Flat to a multinational mining giant for destruction. In Apache Stronghold v. United States, the federal government recently announced that as early as June 16, 2025, it will transfer Oak Flat to Resolution Copper, a Chinese-owned mining company that plans to turn the site into a massive mining crater, ending Apache religious practices forever (Watch this short video to learn more). Apache Stronghold filed an emergency appeal in the lower court to block the transfer while the Supreme Court considers the case. The judge said that he would issue a ruling by May 14.
Since time immemorial, Western Apaches and other Native peoples have gathered at Oak Flat, outside of present-day Superior, Arizona, for sacred religious ceremonies that cannot take place anywhere else. Known in Apache as Chi’chil Biłdagoteel, Oak Flat is listed in the National Register of Historic Places and has been protected from mining and other harmful practices for seventy years. These protections were targeted in December 2014 when a last-minute provision was slipped into a must-pass defense bill authorizing the transfer of Oak Flat to the Resolution Copper company. Resolution Copper now plans to turn the sacred site into a two-mile-wide and 1,100-foot-deep crater. The majority owner of Resolution Copper, Rio Tinto, sparked international outrage when it deliberately destroyed 46,000-year-old Indigenous rock shelters at one of Australia’s most significant cultural sites.
“The federal government and Resolution Copper have put Oak Flat on death row—they are racing to destroy our spiritual lifeblood and erase our religious traditions forever,” said Dr. Wendsler Nosie Sr. of Apache Stronghold. “In the courtroom, we asked the judge to immediately block the land grab so that the Supreme Court can protect Oak Flat before it’s too late.”
Apache Stronghold filed this lawsuit in January 2021 seeking to halt the proposed mine at Oak Flat. The mine is opposed by 21 of 22 federally recognized tribal nations in Arizona, by the National Congress of American Indians, and by a diverse coalition of religious denominations, civil-rights organizations, and legal experts. Meanwhile, national polling indicates that 74% of Americans support protecting Oak Flat. The Ninth Circuit ruled 6-5 last year that the land transfer is not subject to federal laws protecting religious freedom. But five judges dissented, writing that the court “tragically err[ed]” by refusing to protect Oak Flat. Now the Supreme Court is considering whether to hear the case.
“The feds are brazenly rushing to hand Oak Flat over to Resolution Copper, even while the Supreme Court considers whether to hear the case,” said Luke Goodrich, vice president and senior counsel at Becket. “We are asking the court to protect Oak Flat while the Justices consider whether to take the case.”
In addition to Becket, Apache Stronghold is represented by Erin Murphy of Clement & Murphy PLLC, Professor Stephanie Barclay of Georgetown Law School, and attorneys Michael V. Nixon and Clifford Levenson.
For more information or to arrange an interview, contact Ryan Colby at media@becketfund.org or 202-349-7219.
The majority owner of Resolution Copper is Rio Tinto, an Australian mining company that blew up 46,000 years of Australian Aboriginal sacred history in caves. Further, Rio Tinto was forced to admit the widespread sexual abuse at its mines, and reported that the largest number of sexual assaults are at Rio Tinto's mines in Australia and South Africa.
(Below) The nearby Morenci mine shows the widespread damage from copper mining in the region, located north of Tucson, and east of Phoenix.
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| Wendsler Nosie, Sr. and Apache Stronghold. Photo Lii Nchaa. |
Apache Stronghold urges federal court to save Oak Flat
Apaches ask district court to pause government’s rush to transfer sacred site
By Becket Law, May 7, 2025
WASHINGTON – A coalition of Western Apaches, other Native peoples, and non-Native allies was in federal district court today to stop the U.S. government from handing over their sacred site at Oak Flat to a multinational mining giant for destruction. In Apache Stronghold v. United States, the federal government recently announced that as early as June 16, 2025, it will transfer Oak Flat to Resolution Copper, a Chinese-owned mining company that plans to turn the site into a massive mining crater, ending Apache religious practices forever (Watch this short video to learn more). Apache Stronghold filed an emergency appeal in the lower court to block the transfer while the Supreme Court considers the case. The judge said that he would issue a ruling by May 14.
Since time immemorial, Western Apaches and other Native peoples have gathered at Oak Flat, outside of present-day Superior, Arizona, for sacred religious ceremonies that cannot take place anywhere else. Known in Apache as Chi’chil Biłdagoteel, Oak Flat is listed in the National Register of Historic Places and has been protected from mining and other harmful practices for seventy years. These protections were targeted in December 2014 when a last-minute provision was slipped into a must-pass defense bill authorizing the transfer of Oak Flat to the Resolution Copper company. Resolution Copper now plans to turn the sacred site into a two-mile-wide and 1,100-foot-deep crater. The majority owner of Resolution Copper, Rio Tinto, sparked international outrage when it deliberately destroyed 46,000-year-old Indigenous rock shelters at one of Australia’s most significant cultural sites.
“The federal government and Resolution Copper have put Oak Flat on death row—they are racing to destroy our spiritual lifeblood and erase our religious traditions forever,” said Dr. Wendsler Nosie Sr. of Apache Stronghold. “In the courtroom, we asked the judge to immediately block the land grab so that the Supreme Court can protect Oak Flat before it’s too late.”
Apache Stronghold filed this lawsuit in January 2021 seeking to halt the proposed mine at Oak Flat. The mine is opposed by 21 of 22 federally recognized tribal nations in Arizona, by the National Congress of American Indians, and by a diverse coalition of religious denominations, civil-rights organizations, and legal experts. Meanwhile, national polling indicates that 74% of Americans support protecting Oak Flat. The Ninth Circuit ruled 6-5 last year that the land transfer is not subject to federal laws protecting religious freedom. But five judges dissented, writing that the court “tragically err[ed]” by refusing to protect Oak Flat. Now the Supreme Court is considering whether to hear the case.
“The feds are brazenly rushing to hand Oak Flat over to Resolution Copper, even while the Supreme Court considers whether to hear the case,” said Luke Goodrich, vice president and senior counsel at Becket. “We are asking the court to protect Oak Flat while the Justices consider whether to take the case.”
In addition to Becket, Apache Stronghold is represented by Erin Murphy of Clement & Murphy PLLC, Professor Stephanie Barclay of Georgetown Law School, and attorneys Michael V. Nixon and Clifford Levenson.
For more information or to arrange an interview, contact Ryan Colby at media@becketfund.org or 202-349-7219.
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