Last week, another suit was filed by the Native American organization, Apache Stronghold, challenging the transfer of 2500 acres of National Forest land that includes an Apache ceremonial religious ground to Resolution Copper Mining LLC. The complaint (full text), filed in an Arizona federal district court, in Apache Stronghold v. United States, (D AZ, filed 4/22/2026), alleges in part:
3. The government admits the mine will destroy Oak Flat and that the Apaches will never again be able to access the site or perform sacred rituals there. The government also admits that it has ample alternative sources of copper, and that the copper beneath Oak Flat could be mined without disturbing Oak Flat’s surface. Yet the government declined to utilize these alternatives, or even consider them, because the mining company said they would reduce its profits. Thus, the government has authorized the complete physical destruction of an irreplaceable sacred site solely to increase the profits of a foreign-owned mining company.
4. This wanton, intentional, and needless destruction of Oak Flat violates multiple federal statutes, the U.S. Constitution, the 1852 Treaty of Santa Fe between the U.S. and Apaches, and the nation’s fiduciary duties to Western Apaches. Accordingly, this lawsuit seeks a declaration that the government’s actions are unlawful and an injunction preventing the destruction of Oak Flat and protecting the Apaches’ right to continue accessing and worshipping at Oak Flat.
In 2024, the U.S. 9th Circuit Court of Appeals sitting en banc affirmed by a vote of 6-5 the denial of a preliminary injunction against the land transfer sought by Apache Stronghold. (See prior posting). The Supreme Court, over the dissent of two justices, denied review. (See prior posting). Also, last month the 9th Circuit in a suit brought by different plaintiffs again rejected challenges to the land transfer (see prior posting) and the Supreme Court denied petitioners' application for an injunction pending appeal.
In a press release, Becket Fund, which represents Apache Stronghold, explained the new lawsuit in part as follows:
After the Supreme Court’s denial, Apache Stronghold’s case returned to the lower courts, while three other emergency appeals were still pending to protect Oak Flat. But before those appeals could be resolved, the government earlier this year illegally transferred the sacred site overnight, moving Resolution Copper one step closer to permanently destroying Oak Flat. Apache Stronghold is now back in district court seeking to reverse that illegal transfer before Oak Flat is destroyed forever.
