Future of Arizona’s Oak Flat faces pivotal day in Phoenix courtroom

• Three lawsuits are before the 9th U.S. Circuit Court of Appeals to prevent the U.S. Forest Service from transferring Oak Flat to a mining company.
• The site, sacred to Apache and other Native peoples, would be destroyed by a proposed copper mine by Resolution Copper.
• The land exchange was authorized in 2014 through a last-minute addition to a defense bill, sparking a decade-long battle.

Three lawsuits aiming to keep the U.S. Forest Service from turning over Oak Flat to a mining company for a massive copper mine go in front of the 9th U.S. Circuit Court of Appeals for arguments Jan. 7.

The British-Australian firm Resolution Copper has long sought the exchange to build a mine that bodes to obliterate a site Apaches and other Native peoples hold sacred. It also is one of Arizona’s few functional wetlands.

Two lawsuits filed by the San Carlos Apache Tribe and a coalition of environmentalists and the Inter Tribal Association of Arizona challenged the land exchange, authorized by a last-minute amendment to a “must-pass” defense bill in December 2014. The arguments in the lawsuits are based on the tribe’s religious beliefs and on environmental concerns, including disputes over water usage and possible damage of one of central Arizona’s key aquifers.

In the third suit, the latest to be filed, a group of Apache women who have spiritual and cultural connections to the site argue that the exchange would violate the Religious Freedom Restoration Act, the First Amendment’s religious rights protections and two environmental laws.

Arizona’s Oak Flat: See 30-year history of the proposed copper mine there

Their lawsuit also brought two new factors into play: a recent U.S. Supreme Court decision that affirms parental rights to direct their children’s religious education and references to Justice Neil Gorsuch’s blistering dissent to the Supreme Court’s refusal to hear another case related to the land exchange.

A three-judge panel will hear the cases at the Sandra Day O’Connor U.S. Courthouse in Phoenix.

Religious rights advocates and First Amendment experts have said the ability of Native peoples to exercise their religious rights is at stake.

Oak Flat story: As an Apache girl enters womanhood, lawsuits and tariffs cast shadows

The struggle over Oak Flat nears 30-year mark

For more than two decades, Oak Flat Campground, known to Apaches as Chi’chil Biłdagoteel, “the place where the Emory oak grows,” has been ground zero in a battle over Native religious rights on public lands as well as environmental preservation for a scarce Arizona ecosystem.

The 2,200-acre primitive campground and riparian zone, within the Tonto National Forest about 60 miles east of Phoenix, also lies over one of the nation’s largest remaining bodies of copper ore.

To obtain the copper, Resolution, which is owned by multinational firms Rio Tinto and BHP, plans to use a method known as block cave mining in which tunnels are drilled beneath the ore body, and then collapsed, leaving the ore to be moved to a crushing facility.

Eventually, the ground would subside, leaving behind a crater about 1,000 feet deep and nearly 2 miles across, obliterating Oak Flat.

Resolution Copper, a British-Australian mining firm, sought Congressional approval to exchange other parcels of land it had purchased with the U.S. Forest Service for nearly 10 years when the late Sen. John McCain, R-Ariz., and other officials engineered a late-night rider to a must-pass defense bill in December 2014. Then-President Barack Obama signed the bill and ever since, tribes, environmentalists and their allies have fought to stop the exchange.

Resolution has said that the mine would bring much-needed jobs and revenues to the economically challenged Copper Triangle to the tune of about $1 billion a year. The company has provided funding to support recovery from the floods that devastated downtown Globe in October and has supported other community organizations.

In November, Resolution announced it had completed rehabilitation of the historic No. 9 shaft at the Magma minehead, including deepening it to nearly 6,900 feet and connecting it to the No. 10 shaft, which plunges about 6,940 feet below the surface.

Vicky Peacey, president and general manager of Resolution, said the shaft project was a huge milestone, employing homegrown talent from surrounding communities to get the job done.

Despite the ongoing litigation, she said, “We are ready to advance this important copper project, enabling thousands of high-paying jobs, billions in economic development for rural Arizona, and access to a domestic supply of copper essential to American security and modern infrastructure.”

Grassroots group Apache Stronghold, led by former San Carlos Apache Tribal Chairman Wendsler Nosie, filed the first lawsuit to stop the exchange. That litigation was declined twice by the U.S. Supreme Court in 2025, but Apache Stronghold continues to fight the land exchange as the group supports the other three lawsuits.

Debra Krol reports on Indigenous communities at the confluence of climate, culture and commerce in Arizona and the Intermountain West. Reach Krol at debra.krol@azcentral.com. Follow her on X, formerly known as Twitter, @debkrol and on Bluesky at @debkrol.bsky.social.