A Native American group filed an urgent appeal to the U.S. Supreme Court on Wednesday, seeking to block mining giants Rio Tinto and BHP from acquiring access to sacred Arizona land for the development of one of the world’s largest copper mines. The legal battle highlights a conflict between Indigenous religious rights and the global transition to clean energy.
Apache Stronghold, a nonprofit group representing members of Arizona’s San Carlos Apache tribe and environmental conservationists, is asking the court to overturn a March ruling by the 9th U.S. Circuit Court of Appeals. The ruling allowed the federal government to swap land with the mining companies for the Resolution Copper project, despite strong opposition from the tribe.
The appeal was hand-delivered to the Supreme Court justices after the Apache group held a prayer ceremony and dance on the court’s steps in Washington, D.C. The group embarked on a months-long journey from their Arizona reservation to the nation’s capital in a symbolic protest.
In their appeal, Apache Stronghold and their legal team from the Becket Fund for Religious Liberty argue that the government’s decision to allow the mine violates the First Amendment’s guarantee of religious freedom. The group contends that the land, Oak Flat Campground—known as Chi’chil Biłdagoteel in the Apache language—is a sacred site where Apache people worship. If the mine proceeds, it would destroy this land, creating a crater two miles wide and 1,000 feet deep.
To proceed, at least four Supreme Court justices must agree to hear the case. If the court takes it up, oral arguments could occur in the upcoming term, with a decision likely by June 2024.
The land at the center of the dispute holds more than 40 billion pounds (18.1 million metric tons) of copper, a vital material for electric vehicles and modern electronics. In 2014, Congress and then-President Barack Obama approved a deal allowing Rio Tinto to acquire the land, though President Joe Biden paused the land transfer after taking office in 2021.
The U.S. Department of Justice, under Biden’s administration, has argued in court that the federal government has the right to transfer its land, regardless of religious considerations.
“This legal stance is alarmingly broad and threatens the rights of Native Americans and people of all faiths,” said Luke Goodrich, a Becket attorney representing Apache Stronghold.
Rio Tinto defended the lower court’s ruling, stating the case does not merit Supreme Court review. “This case is about the government’s right to manage its land in the national interest, a principle that has been consistently upheld by courts,” a Rio Tinto spokesperson said. BHP, which owns a 45% stake in the project alongside Rio Tinto’s 55%, declined to comment.
The two companies have invested over $2 billion into the Resolution Copper project without yet extracting any copper.
The filing date was coincidental to the anniversary of the September 11 attacks, according to the attorneys, and was due to the Supreme Court’s calendar. However, the date also marks four years since Rio Tinto’s former CEO was fired for failing to properly consult Indigenous groups in Australia, adding further significance to the timing.
If the case proceeds, it could set a major precedent for how Indigenous religious rights are balanced against national and economic interests, especially in projects tied to critical resources like copper, which is essential for the clean energy transition.