Apache Stronghold vs. Mining Giants – Sky Bulletin
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The ongoing conflict over Oak Flat, a tract of national forest in central Arizona, epitomizes the clash between indigenous rights and resource extraction. Native American advocates led by the group Apache Stronghold are engaged in a drawn-out confrontation with Resolution Copper, a joint venture between mining behemoths Rio Tinto and BHP, who are intent on mining a rich vein of copper ore beneath Oak Flat.
Despite their efforts, Apache Stronghold suffered a setback when a divided federal court panel upheld a lower court’s decision on March 1, 2024, refusing to grant a preliminary injunction to stop the land transfer for the proposed mine.
Apache Stronghold has announced intentions to elevate their case to the U.S. Supreme Court.
This is a timeline of pivotal moments in the dispute:
November 2013: The proposed mine’s original general plan of operations is introduced by Resolution Copper.
Dec. 12, 2014: A military spending bill passes in the U.S. Senate, with a controversial policy rider mandating the Oak Flat land exchange, transferring forest land to Resolution Copper in exchange for various Arizona parcels.
March 4, 2016: Oak Flat is registered as a National Historic Place, a move congress members Paul Gosar and Ann Kirkpatrick dispute.
May 24, 2020: Rio Tinto’s mining project in Australia destroys ancient Indigenous rock shelters, leading to the CEO’s resignation.
Jan. 12, 2021: Apache Stronghold sues the federal government over the proposed land transfer.
Feb. 12, 2021: A judge denies Apache Stronghold’s request to prevent the Forest Service from transferring Oak Flat.
March 1, 2021: The USDA delays the environmental review crucial for the land swap, citing the need for further discussions.
Oct. 21, 2021: Apache Stronghold appeals to the 9th U.S. Circuit Court of Appeals to block the land transfer. Months later, a larger panel agrees to hear the case.
March 21, 2023: A full panel of the 9th U.S. Circuit Court of Appeals hears arguments from Apache Stronghold against the land transfer.
March 1, 2024: An 11-judge panel rules against Apache Stronghold’s appeal to halt the project.
The legal contention over Oak Flat is emblematic of a broader debate balancing cultural preservation against economic development. Despite a recent court ruling that favored mining interests, the Apache Stronghold’s determination to protect this sacred site indicates that the battle for Oak Flat is far from over. As the controversy moves potentially to the nation’s highest court, the outcome may set a precedent for how American law values sacred indigenous sites in face of extractive industries.
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