Supreme Court Clears Path for Arizona Copper Mine, Rejects Apache Tribe Appeal

In a pivotal ruling with far-reaching implications for U.S. energy and resource policy, the Supreme Court has allowed the long-disputed Resolution Copper project in Arizona to proceed. The decision effectively ends a years-long legal battle with Apache Stronghold, a Native American advocacy group that argued the mine’s construction would destroy one of their most sacred religious sites, Oak Flat.

The high court declined to hear the group’s appeal, thereby upholding a lower-court ruling from the Ninth Circuit that had sided with the mining company. The outcome paves the way for one of the largest copper mines in the Western Hemisphere—an operation that supporters say will strengthen domestic supply chains and reduce U.S. reliance on foreign minerals.

A Decade-Long Dispute

At the heart of the controversy lies Oak Flat, a plateau in Arizona’s Tonto National Forest that the San Carlos Apache Tribe considers sacred ground. The site has been used for centuries as a place of worship, prayer, and coming-of-age ceremonies. Apache Stronghold contended that the mine would irreparably harm their ability to practice their religion, as the project’s massive underground excavation would eventually cause Oak Flat to collapse.

The mine’s path to approval stretches back more than a decade. The land exchange enabling the project was first approved by Congress in 2014 during the Obama administration. It later received backing from President Donald Trump during his first term before being paused under President Joe Biden. The Supreme Court’s refusal to intervene now clears the last major legal hurdle for the project’s development.

Supporters Applaud the Decision

Resolution Copper, the company behind the mine and a joint venture between Rio Tinto and BHP, celebrated the court’s decision.

“We are pleased that the Ninth Circuit’s decision will stand,” said Vicky Peacey, the company’s general manager. “The Resolution Copper mine is vital to securing America’s energy future, infrastructure needs, and national defense with a domestic supply of copper and other critical minerals.”

Peacey noted that the mine could generate billions in economic activity and create thousands of jobs in Arizona. “This project has the potential to contribute over $1 billion annually to the state’s economy,” she said. “Mining has long been a cornerstone of this region’s heritage, and we are proud to continue that legacy.”

According to the National Mining Association, the Resolution Copper deposit could yield roughly 40 billion pounds of copper over the next four decades—a significant contribution to the global supply of a metal essential for renewable energy technologies, electric vehicles, and modern infrastructure.

Industry and Government Alignment

Industry advocates hailed the Supreme Court’s decision as a sign of rare alignment among all three branches of government. “With today’s ruling, Congress, the executive, and the judiciary have all affirmed that the Resolution Copper land exchange should proceed,” the National Mining Association said in a statement. “After more than a decade of consultation with Native tribes and local communities—resulting in major changes to the project plan—it’s time to move forward for U.S. jobs, supply-chain stability, and national security.”

Resolution Copper also emphasized that it had modified its operations after years of dialogue with Indigenous groups and residents to mitigate environmental and cultural impacts. “Extensive consultation has led to significant changes to the mining plan,” Peacey added. “We remain committed to ongoing collaboration to minimize impacts on tribal and cultural interests.”

Apache Stronghold Vows to Continue the Fight

Despite the setback, Apache Stronghold vowed not to abandon its efforts. “While this decision is a heavy blow, our struggle is far from over,” said Wendsler Nosie Sr., a senior leader within the organization and former chairman of the San Carlos Apache Tribe. “We urge Congress to take decisive action to stop this injustice while we continue our legal and political fight.”

The group has called on lawmakers to pass legislation that would protect Oak Flat as a federally recognized sacred site, preventing any further development there. Several advocacy groups and faith-based organizations have joined in supporting that demand.

A Divided Court and a Strong Dissent

Although the Supreme Court declined to take up the case, two conservative justices—Neil Gorsuch and Clarence Thomas—said they would have granted a hearing. In his dissent, Gorsuch criticized the majority for ignoring the case’s broader implications for religious liberty.

“While this Court enjoys the power to choose which cases it will hear, its decision to shuffle this case off our docket without a full airing is a grievous mistake—one with consequences that threaten to reverberate for generations,” Gorsuch wrote. He drew a powerful analogy: “Just imagine if the government sought to demolish a historic cathedral on such questionable reasoning. I have no doubt that we would find that case worth our time.”

He added that true religious freedom means protecting beliefs that are not popular or widely understood. “They may live far from Washington, D.C., and their practices may seem unfamiliar,” Gorsuch said, “but that should make no difference. It is in defending the rights of the unpopular that our commitment to religious liberty is truly tested.”

Looking Ahead

With the court’s decision, Resolution Copper now moves closer to breaking ground on a project estimated to provide a crucial domestic source of copper—an element indispensable for electric grids, renewable energy, and modern technology. Yet the ruling also leaves unresolved the moral and spiritual questions surrounding Oak Flat, ensuring that the debate over faith, land, and progress in America will continue long after the machinery begins to dig.