Latest news with #WesternApaches
Yahoo
27-05-2025
- General
- Yahoo
The Supreme Court just rejected a religion case. At least 2 of the justices aren't happy about it
The Supreme Court on Tuesday announced it won't hear a closely tracked religious freedom clash out of Arizona and revealed that at least two of the court's nine justices aren't pleased with the decision. Justice Neil Gorsuch dissented to the denial of certiorari in the case about mining on sacred land, calling it 'a grave mistake.' His dissent was joined by Justice Clarence Thomas. Justice Samuel Alito may also have objected to the denial, but he took no part in its consideration. The Supreme Court's rejection of the case means that a lower court ruling against a group of Native Americans fighting to block a mining project will remain in place. In his dissent, Gorsuch criticized his colleagues for underrating the significance of the religious freedom questions that were raised. '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. Faced with the government's plan to destroy an ancient site of tribal worship, we owe the Apaches no less,' he wrote. Apache Stronghold v. United States centers on a proposed mining project in the Oak Flat area of Arizona, which is located about 70 miles east of Phoenix. The Western Apaches use Oak Flat for a variety of sacred ceremonies, including a coming-of-age ritual for young women, as Gorsuch pointed out in his dissent. In recognition of these ceremonies, the federal government protected portions of Oak Flat from mining for more than a century after taking control of it during 19th century wars. But then in 2014, Congress cleared the way for the land to be transferred to a private mining company by passing a version of the National Defense Authorization Act that had a last-minute rider about Oak Flat added on. In 2021, the federal government published an Environmental Impact Statement on Oak Flat, signaling that mining was soon to begin in the area. That's when Apache Stronghold filed a federal religious freedom lawsuit to seek to block the land transfer and mining project. The group argued that destroying Oak Flat would violate the Religious Freedom Restoration Act. The act, which is also known as RFRA, prohibits the federal government from substantially burdening a sincere expression of faith unless there is no better way to fulfill a compelling government goal. Apache Stronghold argued that the mining project would destroy the Western Apaches' 'spiritual lifeblood,' Gorsuch wrote. While Apache Stronghold's lawsuit delayed the mining project, it didn't succeed in securing long-term protections for Oak Flat. The group lost at the district and circuit court level, where judges said mining does not represent a substantial burden under the Religious Freedom Restoration Act. In September, the group asked the Supreme Court to overturn those decisions and rule that religious freedom law protects against mining on sacred land. 'Oak Flat is our Mt. Sinai — the most sacred place where generations of Apache have come to connect with our Creator, our faith, and our land,' explained Wendsler Nosie Sr. of Apache Stronghold in a press release at the time. Several religious organizations, as well as Utah Sen. Mike Lee, filed Supreme Court briefs in support of Apache Stronghold in recent months. In his dissent, Gorsuch criticized the Supreme Court for allowing the 9th U.S. Circuit Court of Appeals' ruling against Apache Stronghold to stand. He said that, at the very least, it hinged upon a controversial interpretation of how to apply the Religious Freedom Restoration Act in disputes involving government property and, at worst, it treated Native Americans much worse than Americans who are part of other, better-known faiths. 'Before allowing the government to destroy the Apaches' sacred site, this Court should at least have troubled itself to hear their case,' Gorsuch wrote. As is typical, the justices who voted against hearing Apache Stronghold v. United States did not explain their decision to the public. As a result of Tuesday's announcement, the federal government is free to move forward with its planned land transfer. In April, the Trump administration announced that it may release the final Environmental Impact Statement on Oak Flat as soon as next month.
AU Financial Review
27-05-2025
- General
- AU Financial Review
Rio Tinto copper mine boosted by US Supreme Court decision
Washington | The US Supreme Court cleared a major obstacle to Rio Tinto's construction of North America's largest copper mine, rejecting an appeal by a Native American group that said the Arizona project will destroy a sacred area. The appeal sought to block a 2422-acre (980-hectare) federal land transfer crucial to the Resolution Copper mine. The land includes Oak Flat, a site where Western Apaches say they have conducted religious ceremonies for centuries, including a four-day rite to mark the coming of age of young women.
The Hill
27-05-2025
- Politics
- The Hill
Gorsuch, Thomas dissent as Supreme Court declines to take up Apache challenge to copper mine
The Supreme Court on Tuesday declined to take up a challenge to a land swap enabling mining at a sacred indigenous site, garnering pushback from conservative justices Neil Gorsuch and Clarence Thomas. A 2014 law enabled a land transfer between mining company Resolution Copper and the federal government, allowing the miner to take control of a site called Oak Flat in Arizona, which is sacred to the Western Apache. A group called Apache Stronghold, which says it represents Apaches, other Native peoples, and non-Native allies, appealed the case to the Supreme Court, asking it to reverse a Ninth Circuit decision on religious freedom grounds. The high court declined to take up the case on Tuesday without explaining its decision. However, Gorsuch issued a dissent, joined by Thomas. 'For centuries, Western Apaches have worshipped at Chí'chil Biłdagoteel, or Oak Flat. They consider the site a sacred and 'direct corridor to the Creator,'' Gorsuch wrote. ' Now, the government and a mining conglomerate want to turn Oak Flat into a massive hole in the ground.' 'Before allowing the government to destroy the Apaches' sacred site, this Court should at least have troubled itself to hear their case,' he added. Apache Stronghold said in its petition that Oak Flat 'is the site of religious ceremonies that cannot take place elsewhere' including ceremonies for boys entering manhood and girls entering womanhood. For the court to take up a case, it needs at least four votes in favor of doing so. It's not clear whether any other justices voted with Gorsuch and Thomas, though Samuel Alito recused himself. In its own filing, Resolution Copper argued that the court should not have take up the case because the land exchange was authorized by Congress and because Apache Stronghold is a nonprofit 'with no religious claim of its own and thus no standing' to bring the case. Resolution Copper is a joint venture between mining companies Rio Tinto and BHP. Zach Schonfeld contributed.
Bloomberg
27-05-2025
- Business
- Bloomberg
Rio Tinto Copper Mine Boosted as Supreme Court Rejects Apaches' Appeal
The US Supreme Court cleared a major obstacle to Rio Tinto Plc 's construction of North America's largest copper mine, rejecting an appeal by a Native American group that said the Arizona project will destroy a sacred area. The appeal sought to block a 2,422-acre federal land transfer crucial to the Resolution Copper mine. The land includes Oak Flat, a site where Western Apaches say they have conducted religious ceremonies for centuries, including a four-day rite to mark the coming of age of young women.
