US Supreme Court leaves copper project in a holy Apache-Land Green Light

US Supreme Court leaves copper project in a holy Apache-Land Green Light

The US Supreme Court rejected an application from the Native American Advocacy Group Apache Stronghold on May 27, 2025, who wanted to block the construction of a large copper mine in the Tonto National Forest in Arizona. This area where the project is located is holy for many Apaches and is referred to as Oak Flat (Chi’chil Bildagoteel). Prayers, ceremonies and burials have been taking place there for centuries.

The San Carlos Apache Tribe sees the land transfer as a violation of its religious rights and argues that the construction of the mine would violate a contract of 1852 between the US government and the Apache. Resolution Copper, a subsidiary of Rio Tinto and BHP, benefited from a country exchange that was approved in 2014 under President Barack Obama. This land exchange gave Resolution Copper 9.71 km² of the OAK flat forest.

legal disputes and decisions

The land exchange led to years of legal disputes. In March 2024, the 9th Circuit Court of Appeals voted for the land transfer with a narrow result of 6 to 5. In the decision, the Supreme Court found that he would not accept the case without giving a reason. This happened, although Justices Neil Gorsuch and Clarence Thomas expressed their concern in a different opinion and described the decision as the "engravier mistake".

Gorsuch made it clear that the Western Apaches Oak Flat regarded as a "direct corridor to the creator". Apache Stronghold, the group behind the lawsuit, claims that OAK Flat is used for religious ceremonies that cannot take place elsewhere. The Supreme Court Justice Samuel Alito did not take part in the decision due to financial connections to the company involved.

ecological and social aspects

The mining project, according to the US Forest Service estimates, could produce almost £ 40 billion. However, critics fear that this could lead to the development of a crater of up to 3 km wide and almost 304 m depth. The discussion about the rights of indigenous peoples and sustainable practices in mining is reinforced by the resistance and historical injustices that are exposed to indigenous communities.

worldwide, indigenous peoples make up about 6 % of the population, but they are disproportionately affected by extreme poverty. Initiatives such as the UN declaration of the rights of indigenous peoples (Undrip) and the ILO Convention C 169 are intended to ensure the protection of these communities. The principle of free, previous and informed approval (FPIC) is a central measure to ensure that indigenous peoples are not affected without their consent of extractive activities.

Regardless of these international human rights instruments, the implementation of FPIC in the mining sector often remains inadequate. Studies to improve consultation processes and to comply with FPIC in Latin America are currently being finalized to promote a fairer and more sustainable future for indigenous peoples.

Further information offers the articles from The hill and BMZ .