What the Recent Federal Appeals Court Ruling Means to the Future of Oak Flat

In 2021, the nonprofit Apache Stronghold filed a lawsuit against the U.S. government because they believe that the transfer of Oak Flat, which are sacred lands to the Apache people, to a foreign mining company would result in building a mine that would destroy that sacred land and ultimately cause a significant burden on the Apache peoples’ ability to practice their religion.  

The Apache Stronghold lost in that ruling, but brought it up for appeal in 2023. Now,unfortunately, the federal appeals court narrowly ruled on Friday that the federal government could transfer the holy site of Oak Flat to Resolution Copper, a foreign mining company, to build and operate a mine that will destroy this sacred land and exhaust 250 billion gallons of Arizona water. The Apache Stronghold told AP it would appeal to the U.S. Supreme Court. 

While this is disappointing, the ruling does not clear the way for construction of this mine, and supporters of Oak Flat are encouraged to continue asking their congressional representatives to pass the Save Oak Flat From Foreign Mining Act, which would reverse the land swap.  Other considerations that could block the mine indefinitely are important unresolved issues like deficiencies in the environmental impact statement, whether the mining company will be entitled to 250 billion gallons of Arizona’s groundwater, and addressing additional infrastructure needs such as securing Arizona state trust lands. 

HECHO firmly stands with the Apache Stronghold, the San Carlos Apache Tribe, and Arizonans in the efforts to protect Oak Flat and vital water resources for the community. 

"The culturally and environmentally devastating Resolution project is no closer to construction today than it was before the appeals court ruling. The Tribe will continue to fight construction of the project that would have devastating impacts on the Tribe's culture, the environment, and Arizona's drinking water supplies," said San Carlos Apache Tribe Chairman Terry Rambler in a statement.  

There are also two outstanding federal lawsuits – including one filed by the San Carlos Apache Tribe – that have yet to be litigated. 

"Like all mining operations in Arizona, Resolution Copper will be exempt from groundwater withdrawal regulations. Arizona is facing a water crisis, and it is vital to prioritize conservation for present and future generations," said Camilla Simon, executive director of HECHO. "There are several serious environmental issues that must be addressed in the current environmental impact statement, including surface water hydrology for tailings storage, the impact of climate change, and the project's impact on regional water shortages. A new FEIS must be done."