Divided 9th Circuit rejects Apache religious challenge to copper mine on sacred land

“Yesterday a divided federal court (6-5) today refused to protect an ancient Native American sacred site from destruction by a multinational mining giant, putting the case on a fast track to the Supreme Court.

The decision was by a bare majority, with five judges vigorously disagreeing and writing that the majority “tragically erred” in allowing the government to “obliterate Oak Flat” and prevent the “Western Apaches from ever again” engaging in their religious exercise.

With the help of Becket, Apache Stronghold has vowed to appeal the decision to the U.S. Supreme Court.

Since time immemorial, Western Apaches and other native peoples have gathered at Oak Flat for sacred religious ceremonies that cannot take place anywhere else.

“Oak Flat is like Mount Sinai to us-our most sacred site where we connect with our Creator, our faith, our families, and our land,” said Dr. Wendsler Nosie of Apache Stronghold. “Today’s ruling targets the spiritual lifeblood of my people, but it will not stop our struggle to save Oak Flat. We vow to appeal to the Supreme Court.” -NM Climate Justice

https://www.latimes.com/world-nation/story/2024-03-02/divided-9th-circuit-rejects-apache-religious-challenge-to-copper-mine-on-sacred-land