Apache Stronghold v. United States (Oak Flat; Chi'chil Bildagoteel)

What happened

Oak Flat is federally owned land in the Tonto National Forest. The Ninth Circuit described it as "a site of great spiritual value to the Western Apache Indians" that also sits atop the world's third-largest deposit of copper ore. Congress, by the Land Transfer Act, directed the federal government to transfer the land to Resolution Copper, which would mine the ore.

Apache Stronghold, an organization that represents the interests of certain members of the San Carlos Apache Tribe, sued to stop the transfer. It invoked the Free Exercise Clause, the Religious Freedom Restoration Act (RFRA), and the 1852 Treaty of Santa Fe, in which the court says the United States promised to "designate, settle, and adjust their territorial boundaries."

The full Ninth Circuit affirmed the denial of a preliminary injunction. Judge Collins wrote for six judges that the Free Exercise claim fails under the Supreme Court's decision in Lyng v. Northwest Indian Cemetery Protective Association, and that RFRA kept Lyng's limits on what counts as a government burden on religion. The treaty claim failed because the government's statutory obligation to transfer Oak Flat abrogated, meaning overrode, any contrary treaty obligation. Chief Judge Murguia dissented, joined by other judges.

The court also overruled the narrow definition of "substantial burden" in Navajo Nation v. U.S. Forest Service (2008). The Supreme Court's docket shows it denied certiorari in No. 24-291 on May 27, 2025, with Justice Gorsuch, joined by Justice Thomas, dissenting.

Good to know. The Supreme Court's refusal to hear the appeal is not a ruling on the merits.

Summarized with AI assistance from 4 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error