Destruction of Indigenous sacred site at Oak Flat halted by recent ruling

Editor’s note: Near the time of publication of this story, the Supreme Court refused a plea to protect Oak Flat—a Western Apache sacred site—from being turned over to a Chinese-owned mining corporation. In Apache Stronghold v. United States, a collection of Apaches, other Native peoples, and non-Native allies are fighting to preserve the land and defend their religious freedom.  

A federal court recently blocked the U.S. government from plowing ahead with plans to hand over the Western Apaches’ most sacred site at Oak Flat to a multinational mining giant for destruction. In Apache Stronghold v. United States, the federal government announced that as early as June 16, 2025, it would transfer Oak Flat to Resolution Copper, a Chinese-owned mining company that plans to turn the site into a massive mining crater, ending Apache religious practices forever.

Apache Stronghold — a coalition of Western Apaches, other Native peoples, and non-Native allies — filed an emergency request to halt the transfer while the Supreme Court considers its case. On May 9, a federal court granted that request, with Judge Steven P. Logan concluding, “There is no close question in this matter. It is abundantly clear that the balance of equities ‘tips sharply’ in Plaintiff’s favor, and … they have presented serious questions on the merits that warrant the Supreme Court’s careful scrutiny.”

Several United Church of Christ leaders and churches engaged in Apache Stronghold’s prayer journey to the Supreme Court last year.

“Those who root their faith in the Bible are very familiar with the concept of the Holy Land and the idea that the generational inheritance of a land is one of the most sacred aspects of our relationship with God,” said Brooks Berndt, minister for Environmental Justice at the United Church of Christ. “As a result, it provokes the deepest and strongest of emotions to think that the sacred land of the San Carlos Apache People for generation after generation could be desecrated and destroyed in the pursuit of profit as a result of our government’s actions.”

Known in Apache as Chi’chil Biłdagoteel, which translates to “home of the angels,” Oak Flat has been protected from mining and other harmful practices for 70 years. These protections were targeted in December 2014 when a last-minute provision was slipped into a must-pass defense bill authorizing the transfer of Oak Flat to the Resolution Copper company. Resolution Copper plans to turn the sacred site into a two-mile wide and 1,100-foot-deep crater. The majority owner of Resolution Copper, Rio Tinto, sparked international outrage when it deliberately destroyed 46,000-year-old Indigenous rock shelters at one of Australia’s most significant cultural sites.

“We have been holding our breath while advocating for Oak Flat,” said Rev. Sue Joiner, senior minister of the First Congregational UCC in Albuquerque, New Mexico. “We are praying for the Supreme Court to do the right thing. Along came this attempt to circumvent the Supreme Court and we watched with horror as folks sought to move the sacred site into the hands of a corporation that promises to destroy it. We are exhaling a bit – relieved that Oak Flat is protected for now. We must continue to be vigilant. We cannot stand by and witness the desecration of this holy place. We would not stand for any of our sacred spaces to be destroyed. We must pray with our feet that Oak Flat will be preserved for generations.”

“The federal government and Resolution Copper have put Oak Flat on death row — they are racing to destroy our spiritual lifeblood and erase our religious traditions forever,” said Wendsler Nosie Sr. of Apache Stronghold. “We are grateful the judge stopped this land grab in its tracks so that the Supreme Court has time to protect Oak Flat from destruction.”

Apache Stronghold filed this lawsuit in January 2021, seeking to halt the proposed mine at Oak Flat. The mine is opposed by 21 of 22 federally recognized tribal nations in Arizona, by the National Congress of American Indians, and by a diverse coalition of religious denominations, civil-rights organizations, and legal experts. Meanwhile, national polling indicates that 74% of Americans support protecting Oak Flat. The Ninth Circuit ruled 6-5 last year that the land transfer is not subject to federal laws protecting religious freedom. But five judges dissented, writing that the court “tragically err[ed]” by refusing to protect Oak Flat.

“The path of extraction and exploitation that we are on is not sustainable, for us as humans or for any of God’s creations,” said John Maddaus, a member of the Oak Flat Committee of the Coalition to Dismantle the Doctrine of Discovery, and of First Congregational UCC. “We would do well to learn from our Apache siblings, and to redirect our relationships with Mother Earth and all God’s creations accordingly. If the Supreme Court of the United States would show respect for Apache and other Indigenous religious belief and practice by protecting Oak Flat, it would be one step toward right relations with all Mother Earth, and a sign of hope for the future of all creation, to the seventh generation and beyond.” 

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