In Apache Stronghold v. United States, (D AZ, Feb. 12, 2021), an Arizona federal district court refused to issue a preliminary injunction to prevent a land exchange between the federal government and two foreign mining companies known as Resolution Copper. The land to be conveyed to Resolution Copper contains a sacred Apache ceremonial ground know as Oak Flat. In addition to rejecting treaty claims, the court concluded that plaintiff has not shown a likelihood of prevailing on its claims under the Free Exercise clause and RFRA, saying in part:
Plaintiff has not been deprived a government benefit, nor has it been coerced into violating their religious beliefs. The Court does not dispute, nor can it, that the Government's mining plans ... will have a devastating effect on the Apache people's religious practices.... However, Oak Flat does not provide the type of "benefit" required under RFRA jurisprudence....
The Southeast Arizona Land Exchange and Conservation Act is facially neutral, and Plaintiff has provided no evidence of any discriminatory intent behind its passage....
Apache Stronghold issued a press release announcing the decision.
