In a significant legal determination regarding the intersection of indigenous rights and governmental land use policy, the U.S. Supreme Court has opted not to hear the Apache Stronghold’s petition to block a contentious land transfer that would allow copper mining on a sacred Apache site. This decision effectively upholds the previous ruling by the U.S. Court of Appeals for the Ninth Circuit, which concluded that the federal government did not infringe upon the rights of Apache American Indians under the Religious Freedom Restoration Act when it decided to proceed with the land swap.
More details on the case and the decision can be found in this JURIST article.
The site in question, Chí’chil Biłdagoteel, widely known as Oak Flat, is considered sacred by the Apache tribes and holds significant cultural and religious value, featuring ancient oak groves, springs, and archaeological remnants from 1,500 years of indigenous use. The land transfer was initially proposed during the late stages of the Trump administration, sparking litigation from the Apache Stronghold, a nonprofit aimed at the protection of sacred sites.
Despite a temporary pause in proceedings by the Biden administration to engage more deeply with the USDA and native tribes, legal challenges have persisted, culminating in a narrow 6-5 decision by the Ninth Circuit to permit the transfer, as detailed in the court’s ruling.
The Supreme Court denial attracted criticism from Justices Gorsuch and Thomas. Justice Gorsuch, in a dissent, emphasized the gravity of disregarding the religious significance of the site and argued that protecting less dominant religious practices is foundational to the country’s commitment to religious liberty. The complete text of Justice Gorsuch’s dissent can be explored through the dissent document.
This legal trajectory has significant implications for corporate entities and legal professionals involved in land rights and environmental sectors, as it underscores the ongoing tension between development interests and the preservation of cultural and religious heritage.