Supreme Court refuses to hear Apache Stronghold’s religious freedom case for a second, final time

The U.S. Supreme Court will not reconsider the nonprofit Apache Stronghold’s effort to preserve sacred lands from a massive copper mining project east of Phoenix after the justices declined to revisit an earlier decision to throw out its case for a second and final time on Monday.

Court records show conservative Neil Gorsuch, who has taken keen interest in federal Indian law, stands alone in supporting the nonprofit’s plea. Justice Clarence Thomas previously joined him in co-authoring a May dissent.

Oak Flat: Past, Present, Future

Oak Flat — an area sacred to generations of Apaches — may soon be home to one of the largest copper mines in the world. A seven-part series from KJZZ's Gabriel Pietrorazio, airing on 91.5 FM from March 17-21, explores the land's past, present and future.

Recusing himself once more was Samuel Alito, who has disclosed stock holdings in BHP, the Australian-based minority partner behind Resolution Copper alongside UK-headquartered Rio Tinto.

In a statement, Resolution Copper told KJZZ the multinational mining company is “pleased” the court upheld a split 9th Circuit Court of Appeals ruling that a parcel of public land – known as Oak Flat within the Tonto National Forest – is not subject to religious freedom protections.

While on social media, Apache Stronghold posted it’s “deeply disappointing” that Mother Earth’s voice goes unheard yet again, adding the “fight to protect Oak Flat is far from over” since three more lawsuits are still pending in the 9th Circuit with oral arguments set to begin at the start of next year.