The U.S. Supreme Court refused to praise a Native American advocacy group for bidding to prevent large copper mines from building lands that many Apaches consider sacred.
The court rejected an appeal from the Apache stronghold on Tuesday, allowing the lower court's ruling to allow the project to move forward.
At the heart of the case is a piece of federal land in the Tonto National Forest in western Arizona.
San Carlos Apache Tribe knew the land was Oak flat, or chi'chil bildagoteel in the Apache language. Members of the tribe pointed out that the land and its ancient oak trees have long been used as a place for prayers, rituals and funerals.
However, Resolution Copper is a subsidiary of Rio Tinto and BHP Billiton’s mining company, which he believes is located above the world’s second largest copper deposit.
In 2014, under former President Barack Obama, the U.S. Congress approved a land swap that exchanged for Oak Flat Forest to provide a resolution of 9.71 square kilometers (3.75 square miles) in exchange for other land in Arizona.
This, in turn, triggered a year-long legal showdown, with members of San Carlos Apache Tribe, arguing that construction on oak flats would violate its religious rights. In a petition to the Supreme Court, they described Oak Flat as “the direct corridor of the Creator.”
"Since ancient times, Western Apaches and other indigenous peoples have gathered at Oak Flat, outside the upper suburbs of today's Arizona to attend sacred religious rituals that cannot be held anywhere else," the Apache stronghold said in a press release in early May.
The organization also believes that the project will violate the 1852 treaty between the U.S. government and the Apaches and promises that the government will protect the land to "ensure the permanent prosperity and happiness of the tribe."
However, President Donald Trump's administration has pledged to promote land transfers. The U.S. Forest Service estimates that mining projects could generate nearly 40 billion pounds of copper, or more than 18 billion kilograms.
But critics expect the result will be a crater as wide as 3 km (2 miles) and nearly 304 meters (1,000 feet).
The Supreme Court refused to review Apache Storthold's appeal, allowing decisions from the 9th Circuit Court of Appeals in San Francisco.
In March 2024, the Court of Appeal rule ruled that land transfers were allowed: six judges voted for it and five opposed it.
But on May 9, a federal judge in Arizona temporarily blocked the government from transferring land, while the Apache stronghold appealed to the Supreme Court.
Supreme Court Justice Samuel Alito was not part of Tuesday's decision, probably due to his financial connection to the company involved. But two judges, Neil Gorsuch and Clarence Thomas, objected, saying the Supreme Court's decision was not placed in "serious error."
“While the court has the power to choose which cases to be heard, it has decided to evacuate this situation from our case files
Not fully played is a serious mistake – the consequences may reverberate for generations. ” Gorsuch wrote.
"Imagine if the government is trying to demolish the historic cathedral with such a suspicious set of legal reasoning. I have no doubt that we will find the case worth our time."
Land swaps were approved as part of the Defense Spending Act of 2014. In January 2021, the final days of Trump's first term issued the necessary environmental impact statement.