New lawsuit in battle for Oak Flat, “Sistine Chapel of Apache religion” and home to thousands of climbs

Another lawsuit has been filed in the fight for Oak Flat, which is described as “the Sistine Chapel of Apache religion” and home to thousands of world-class climbs.

The ongoing case is a major fight for Indigenous peoples, environmentalists and climbers. It pertains to sacred Native American land, conservation and climbing access. At the moment, it seems hundreds of boulder problems may be lost, but roped access appears to be mostly preserved.

Resolution Copper Mining, a joint venture between Rio Tinto and BHP, took control of federal land in Arizona in March and has started exploratory drilling.

On April 22, Apache Stronghold, a non-profit composed of Apaches and various allies, filed a lawsuit in Arizona district court.

“We will never stop fighting,” said Dr. Wendsler Nosie Sr. of Apache Stronghold, in a news release. “This is a struggle for the soul of our people. Oak Flat is where generations of Native peoples have come to connect with the Creator and Mother Earth. We pray the court reverses this illegal land grab so we can continue those time-honored traditions.” 

One of the key arguments in the suit is that transferring sacred Indigenous land to Resolution Copper Mining is a breach of religious freedom. The claim also alleges it violates Native American land title and the National Environmental Policy Act, among other things.

Quoting the chairman of the San Carlos Apache Tribe, the lawsuit calls Oak Flat “the Sistine Chapel of Apache religion.”

The lawsuit seeks a variety of reliefs, including damages and a permanent injunction that would restore the status quo that existed before the land exchange in March 2026.

In March, the United States Court of Appeals for the Ninth Circuit ruled to deny an injunction that was preventing federal land from transferring to Resolution.

This allowed Resolution to gain control of Oak Flat and start exploratory drilling. The company aims to build a copper mine in the area that would eventually leave a 1.8-mile-wide crater about 1,115 feet deep. 

Individual Apache women made an emergency application to the Supreme Court to stop Oak Flat from changing hands, but that was denied. 

This new lawsuit is the latest effort to reverse the land transfer. 

In response to this recent court filing, Resolution Copper Mining issued a statement to Gripped. 

It said the courts, along with three different presidential administrations, have supported the project and called the Apache Stronghold claim “meritless litigation.”

“Over the past 11 years, the Resolution Copper project has undergone a rigorous, independent review under the National Environmental Policy Act, led by the U.S. Forest Service,” reads the written statement. 

“This review has included extensive consultation and collaboration with numerous Native American Tribes, local communities, civil society organizations, and a dozen federal, state, and county agencies. The collaborative co-design process has directly led to major changes to the mining plan to preserve access to Oak Flat and physically avoid areas of cultural significance identified by Tribes. We are encouraged to see so much local support for the Resolution Copper project, and our ongoing dialogue will continue to shape the approach moving forward.” 

Resolution also added that its project has the potential to become one of America’s largest copper producers. It estimated that it could create thousands of jobs and contribute $1 billion annually to the Arizonian economy.

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