The Native American Rights Fund, or NARF, recently filed an amicus brief backing the nonprofit Apache Stronghold in its petition that sits before the U.S. Supreme Court. But the justices haven’t determined whether they’ll hear the case that could ultimately decide the fate of the Resolution Copper mine project, east of Phoenix.
Forty-four federally recognized tribes from all over Indian Country signed on, including the Navajo Nation, Tohono O’odham Nation and Kaibab Paiute Tribe, all of which are located in Arizona.
The Coalition of Large Tribes, National Congress of American Indians and National Association of Tribal Historic Preservation Officers are among an additional eight Native organizations supporting this brief, too.
But the San Carlos Apache Tribe was missing.
The fund’s Deputy Director Matthew Campbell, an enrolled member of Native Village of Gambell in Alaska and a Sandra Day O’Connor College of Law graduate, promised that’s not a mistake.
“So the Apaches filed their own brief separately,” Campbell said. “That is the answer there. We did have the Inter Tribal Association of Arizona, which most of those tribes are members of; it kind of ups that number a significant amount.”
Arizona’s White Mountain Apache Tribe, Yavapai-Apache Nation and Tonto Apache Tribe as well as the Jicarilla Apache Nation and Mescalero Apache Tribe, both based in New Mexico, didn’t sign onto NARF’s brief.
Another amicus brief was submitted on behalf of 85 religious groups.
Other individuals or organizations who aren’t party to the case, also known as amici curaie, include the Knights of Columbus, Christian Legal Society, Religious Freedom Institute, Sikh Coalition, Presbyterian Church U.S.A., Mennonite Church USA, Utah Republican Sen. Mike Lee and the conservative Young America’s Foundation.
Campbell explained this case is about whether tribes can challenge federal actions that would destroy religious sites on public lands — like Chí’chil Biłdagoteel — the Apache name for Oak Flat.
His fund has stated that if the Resolution Copper land transfer isn’t stopped, it would “destroy all religious practices at Oak Flat and render adjacent lands and waters inhospitable for human life or visitation.”
“You know, it’s easy for a lot of tribes to see the impact in terms of their access to important religious sites and places,” Campbell added. “And so they felt it was important to make sure that the Supreme Court is aware of the impact that the Ninth Circuit’s decision can have on Native people.”
In a previous statement, Resolution Copper told KJZZ News this case “doesn’t present any question worthy of Supreme Court review.”
