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Apache Stronghold looks to unwind Oak Flat land swap in latest legal plea

person in a grey suits standing at a microphone, three people look on
Gabriel Pietrorazio
/
KJZZ
Luke Goodrich, senior counsel at the Becket Fund, speaks for his client, Apache Stronghold, on May 7, 2025.
Coverage of tribal natural resources is supported in part by Catena Foundation

Last month, the U.S. Forest Service swapped more than 2,400 acres of public lands with Resolution Copper that included an Apache holy site called Oak Flat. Now, the nonprofit Apache Stronghold is challenging that decision.

In response to the Wednesday filing, Resolution Copper told KJZZ courts at every level have consistently ruled in the multinational mining company’s favor, adding “it is time for the meritless litigation to end.”

Becket Fund senior counsel Luke Goodrich disagrees.

“This litigation is far from over. It’s really just getting started,” said Goodrich. “And the Apaches have very strong legal claims that this land transfer is illegal and that it should be undone.”

Last month, the 9th U.S. Circuit Court of Appeals turned down one of the last surviving legal efforts to challenge the transfer of land from the Tonto National Forest to Resolution Copper. Now, drilling is ramping up.

That’s why his nonprofit D.C. religious liberty firm filed a 41-page plea this Earth Day on behalf of Apache Stronghold.

They’re essentially asking Arizona’s federal district court to undo this congressionally approved land exchange, claiming the U.S. has violated federal laws, like NEPA and NHPA, and even an 1852 treaty.

Goodrich insists there’s even legal precedent to back them up.

“The courts — if they find that transfer is unlawful — can unwind the transfer and require the parties restore the land to its pristine state,” added Goodrich. “And regardless of how the district court rules on this renewed lawsuit, there’s still the opportunity to appeal to the 9th Circuit and even to the Supreme Court again.”

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.
More Tribal Natural Resources News

Gabriel Pietrorazio is a correspondent who reports on tribal natural resources for KJZZ.