Indianz.Com > News > ‘We will never stop fighting’: Sacred site movement continues amid high-profile setback
‘We will never stop fighting’: Sacred site movement continues amid high-profile setback
Wednesday, May 28, 2025
Indianz.Com
The long-running movement to protect a sacred Apache site from development is gaining renewed attention following a stinging rebuke from a key member of the U.S. Supreme Court.
In an order on Tuesday, the highest court in the land declined to hear a case that seeks to protect Oak Flat in Arizona from a massive mining project. As is typical with such orders, no reason was given for the denial.
But in a 17-page dissent, Justice Neil Gorsuch blasted his colleagues for refusing to hear Apache Stronghold v. United States. He said the high court’s inaction means the Apache people stand to lose one of their most important places.
“For centuries, Western Apaches have worshipped at Chí’chil Biłdagoteel, or Oak Flat,” Gorsuch wrote in the opening sentence of his dissent.
“No more. Now, the government and a mining conglomerate want to turn Oak Flat into a massive hole in the ground,” Gorsuch added.
According to Gorsuch, who made history when he joined the Supreme Court in 2017 with the most extensive background in Indian issues, his fellow justices made a “grave mistake” by refusing to hear the dispute. He said the case raises significant matters of law that deserve to be resolved before the federal government turns Oak Flat over to foreign mining interests. “Before allowing the government to destroy the Apaches’ sacred site, this Court should at least have troubled itself to hear their case,” Gorsuch wrote. Gorsuch pointed out that Oak Flat had long been controlled by the Apache people. Following the end of the Mexican-American War in 1848, he said the United States promised by treaty to confirm the boundaries of Apache tribal homelands but never did so. “Eventually, the government forced the Apaches onto reservations,” Gorsuch observed, a federal action that resulted in the loss of Oak Flat to the U.S. Still, Gorsuch noted that the U.S. government protected Oak Flat by designating it as part of the Tonto National Forest in 1905. More recently, Chí’chil Biłdagoteel was added to the National Register of Historic Places in recognition of its importance to Apache people. Despite the safeguards, Gorsuch said mining interests began lobbying Congress to open Oak Flat to development. Opposition from Indian Country — led by the San Carlos Apache Tribe and the Apache Stronghold — derailed “at least 12 separate standalone bills” to transfer the federal forest land, the justice stated. But in order to bypass the normal legislative process, the foreign companies behind Resolution Copper convinced Congress in December 2014 to include the Oak Flat transfer in a national defense bill. The “last-minute rider,” as Gorsuch described it, set in motion an environmental review at the Department of Agriculture which all but ensured that Apache objections would not stop the proposed mine — despite its massive size and the negative impacts on tribal religious practices. “The Department admitted that Oak Flat would ‘be directly and permanently damaged by the subsidence area,'” Gorsuch wrote. “Indeed, the Apaches tell us, the planned crater overlaps almost entirely with the area sacred to them.” And here’s where Gorsuch set his sights on a different set of federal judges. He accused the 9th Circuit Court of Appeals, which heard the Apache Stronghold’s challenge to the land transfer, of getting the religious freedom issues wrong — not once but twice — by making up what he said were different rules when it came to the protection of Oak Flat. “To be sure, the government’s plan may promise the destruction of a sacred site and thus prevent religious exercises from occurring,” Gorsuch wrote of the admission that Chí’chil Biłdagoteel will be damaged in a way that prevents the Apache people from practicing their religion at the site. “But, the court reasoned, none of that is enough to amount to a substantial burden,” Gorsuch said in reference to the 9th Circuit’s decision to use a “different rule” regarding what happens at Oak Flat."For centuries, Western Apaches have worshipped at
— indianz.com (@indianz) May 27, 2025
Chí’chil Biłdagoteel, or Oak Flat…
No more. Now, the government and a mining conglomerate want to turn Oak Flat into a massive hole in the ground": Justice Neil Gorsuch blasts Supreme Court for refusing to hear #OakFlat case. pic.twitter.com/mFOPwMBW0s



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