The United States Supreme Court issued its announcement that the highest court in the United States will not hear the Apache Stronghold religious freedom case. The case was entered into the court in September of 2024. This announcement means that the original ruling of the Ninth Circuit Court will stand, allowing the Resolution Copper land exchange to proceed.
Supreme Court Justice Neil Gorsuch wrote the dissenting opinion against not hearing the religious freedoms case; Justice Clarence Thomas joined in his dissent.
The case had been heard by the 9th Circuit Court twice, and a request for an en banc hearing was denied in 2024. In the two previous hearings, the court ruled in favor of the United States Government, which would allow the Resolution Copper mining project to proceed. The Apache Stronghold took the case to the Supreme Court, hoping that the high court, would agree to hear the case and possibly rule against the Ninth Circuit Court previous rulings. The Apache Stronghold contends that allowing mining at Oak Flats/Chi’chil Biłdagoteel would destroy the area where western Apaches have hosted their religious ceremonies for centuries. Apache Stronghold contends that this is the only place they can worship, and where ceremonial plants are able to be gathered.
“We will never stop fighting—nothing will deter us from protecting Oak Flat from destruction,” said Dr. Wendsler Nosie Sr. of Apache Stronghold. “While this decision is a heavy blow, our struggle is far from over. We urge Congress to take decisive action to stop this injustice while we press forward in the the courts.” The quote comes from a press release by the Becket Fund, which is a special interest law group, focused on religious liberty cases across the United States.
Justice Gorsuch wrote in the dissent document: “While this Court enjoys the power to choose which cases it will hear, its decision to shuffle this case off our docket without a full airing is a grievous mistake—one with consequences that threaten to reverberate for generations. Just imagine if the government sought to demolish a historic cathedral on so questionable a chain of legal reasoning. I have no doubt that we would find that case worth our time.”
Resolution Copper issued a statement regarding the Court’s announcement from Resolution Copper, Project Director, Vicky Peacey: “The Resolution Copper mine is vital to securing America’s energy future, infrastructure needs, and national defense with a domestic supply of copper and other critical minerals. We are encouraged by the significant community support for the project, which has the potential to become one of the largest copper mines in America, add $1 billion a year to Arizona’s economy, and create thousands of local jobs in a region where mining has played an important role for more than a century. More than a decade of extensive consultation and collaboration with Native American Tribes and local communities has directly led to major changes to the mining plan to preserve and reduce potential impacts on Tribal, social, and cultural interests, and this ongoing dialogue will continue to shape the project.”
This announcement from the Supreme Court will allow for the Resolution Copper Final Environmental Impact Statement to be re-released by the Tonto National Forest. Those close to the re-release expect that the document should be re-released in mid June paving the way for the Final Record of Decision to be signed. The mid June re-release keeps the document in the timing originally expected following the Trump administration announcement in April that the FEIS would be re-released in 60 days. An injunction issued by the Federal Court in Phoenix ruled that despite the announcement from the Trump Administration, that the re-release of the Resolution Copper FEIS would be embargoed until the Supreme Court announced whether the Apache Stronghold case would be heard by the court or not.
The Record of Decision for the project, was on a timeline to be signed in March of 2021 when the Biden administration pulled the FEIS requesting more tribal consultation be done. The document has been held for the additional consultation time since March of 2021. Once the Record of Decision is signed, the land will be transferred to Resolution Copper as stated in the 2014 National Defense Authorization Act (NDAA) which is where the legislation known as the Southeast Arizona Land Exchange and Conservation Act was approved in the must past defense bill. That bill was signed by then President Barrack Obama. The legislative and legal challenges of approving the final land exchange has taken two decades.
“We are relieved by the announcement of the Supreme Court,” said Superior Mayor Mila Besich. “The Resolution Copper land exchange has already undergone thorough legislative and legal review. This project is essential for the Town of Superior’s future, bringing jobs, economic growth, and sustainable copper production from Arizona. Resolution Copper has worked hard to address cultural concerns, and it’s time to move forward for the benefit of our community and the nation.”
According to Resolution Copper project timelines, once the land is exchanged it will allow the company to further exploration and engineering for the mine. The Resolution Copper ore deposit is expected to produce 25 percent of North America’s need for copper.