Update: US Supreme Court denies last-minute bid to stop Oak Flat bouldering area land transfer

The highest court in the US has denied a last-minute bid to stop Resolution Copper Mining from acquiring Arizona land home to sacred Native American sites and thousands of rock climbs.

On March 19, Justice Elena Kagan denied an application filed over the weekend by individual Apache women.

As is customary, the Supreme Court did not give a reason for denying the matter.

The application urged the Supreme Court for an injunction to stop the transfer of Oak Flat to Resolution Copper Mining, a joint venture of BHP and Rio Tinto.

This followed a March 13 decision from the Court of Appeals for the Ninth Circuit.

That court ruled against an injunction that was preventing federal land from transferring to Resolution Copper Mining.

In response, the Apache women, who were one of several parties in this case, made an emergency filing to the Supreme Court on March 14.

“If this Court pauses the transfer now but reverses course later, the government loses little,” reads the application. 

“It can still proceed with the project—which it has voluntarily delayed for over a decade—and still mine every ounce of copper. But if this Court denies emergency relief now, it may never get the chance to reverse course later, and the Apaches lose everything.”

It’s the latest development in a long-standing battle for the land. 

Conservationists, the Access Fund and Native American groups have fought the transfer on the grounds that it will destroy the environment and sacred Native American sites.

Local access group advocates have also been involved in bargaining for climbers’ ability to use the land. 

Resolution said it intends to start exploratory drilling in the area on already-disturbed parts of the land. It intends to create a copper mine that will leave a 1.8-mile-diameter crater on the landscape. 

Some climbing closures will occur over time, but the company has also promised to allow climbers access to much of the area.

All details regarding access to Oak Flat can be found here.

In the meantime, various groups are vowing to keep fighting the project.

Apache Stronghold has planned a spiritual gathering in Oak Flat on March 28 to 29.

Earlier this week, Rep. Adelita Grijalva introduced a bill in Congress that aims to protect the land surrounding Oak Flat.

“While I am deeply disappointed by the Ninth Circuit’s ruling, the fight to save Oak Flat does not stop here,” said Rep. Grijalva in a news release. 

“Thousands of acres of public land surrounding the transferred parcel remain at risk, and these lands are sacred to the Apache people. Congress must act to immediately preserve a site of immense cultural, spiritual, and natural significance. We cannot enable the destruction of Oak Flat by turning a blind eye to all of the disruptive mining infrastructure and toxic waste that will irreparably harm the surrounding lands.” 

If it passes, her bill would preserve public lands in the Chi’chil Biłdagotel Historical District that are adjacent to the area that was transferred to Resolution Copper.

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