Supreme Court clears way for massive copper mine on Apache sacred land

[WhiskeyGrinder]

https://www.latimes.com/politics/story/2025-05-27/supreme-court-decision-on-proposed-copper-mine-on-apache-sacred-lands

The Supreme Court declined Tuesday to hear an Apache religious challenge to the construction of a massive copper mine on Oak Flat, a swath of untouched federal land in Arizona that tribe members consider sacred and irreplaceable.

The decision, which leaves intact a lower court’s ruling against the tribe members, marked a major loss for Apache Stronghold, a group that has long argued that the mine’s construction would violate their religious rights by permanently wiping out a unique sacred site used for Apache religious ceremonies.

It allows the U.S. Forest Service to move forward with plans to issue a final environmental impact report and hear a last round of public comment before issuing a decision on transferring the land to Resolution Copper, a joint venture by the multinational mining companies Rio Tinto and BHP Group.

(snip)

However, Justice Neil M. Gorsuch wrote a dissent — joined by his fellow conservative, Justice Clarence Thomas — saying the majority’s decision not to take the case was “a grievous mistake” and “one with consequences that threaten to reverberate for generations.”

[Clouds Passing]

1. N.O.

[Deuxcents]

2. Chip, chip, chip away at our most treasured and sacred lands that have been protected and preserved

For all of us and a disrespectful regard to our First Nations People and their spiritual heritage.
Copper mining will forever change our beautiful landscape

[aaaaaa5a]

3. What was the vote tally?

Alito abstained.

Shockingly, Thomas and Gorsuch dissented!

It takes 4 votes to take the case. Did all three of our justices vote to let the lower court ruling stand?

[onenote]

12. Presumably at least five of these six justices voted against taking the case:

Roberts
Kavanaugh
Barrett
Kagan
Sotomayor
Jackson

If any two of them had voted to take the case, cert would have been granted.

[Polybius]

13. Not shockingly at all for Gorsuch

He has a strong history in siding with Native American issues before the court. But very surprised with Thomas, and how the three liberals chose not to take the case.

[tritsofme]

4. The fact that only Thomas and Gorsuch dissented suggests to me there is more to this case.

[AZProgressive]

6. There is more to it from my POV

I look at as the Supreme Court of a colonized country deciding what can happen to land that originally belonged to indigenous populations so I look at it from there. I was even afraid to point that out but I'm not asking for radical changes just that the treaties already agreed upon be respected.

I also look at it as Trump not respecting treaties so him doing it in the first place is the problem. Trump is a lot like a 1700s or 1800s President and I don't mean that in a good way.

[anciano]

5. Heartbreaking.

[EX500rider]

7. The big issue is the land is not reservation land but Federal Land..

....and letting religion dictate what happens on Federal land sounds like a bad idea to me, regardless of which religion.
Who voted how is a big tell.

[madville]

8. An electric future will require copper

And lots of it. Governments can’t mandate adoption of greener technologies and then let the production means to accomplish those goals be blocked and denied at every turn.

We’re going to need lots of lithium and cobalt to for batteries. Big lithium operations are gearing up in North Carolina and out west that will strip thousands upon thousands of acres and it’s necessary if we want an electric future.

Basically it’s NIMBY behavior, it makes sense that the couple of dissenters were the far right judges because of the religious angle argued.

[Jit423]

9. No religion matters in America except white Christian evangelicalism. Or fake it and rake it holiness. nt

[DFW]

10. Unfortunately, that does sum it up.

The fact that it was sacred ground to a tribe of Americans whose religion was not some imported European cult was all that was necessary to dismiss the claim.

[pecosbob]

11. John Galts spawn George Haydukes.