Thursday, before Judge Logan ruled against the motion, Apache Stronghold posted a statement.
[W]e have been saying that Oak Flat or Chi’chil Bildagoteel cannot be replaced, and that its destruction and the destruction of our religion cannot be mitigated…We need Chi’chil Bildagoteel to survive as it is so central to our religion as provided by the Creator.Located about an hour east of Phoenix, the Oak Flat area is in the Tonto National Forest. It is widely loved for its camping and trails, but to the Apache people the connection is deeper. To the tribe, the land is ‘Chi’chil Bildagoteel’ and it has been sacred for years. Both the Apaches and other Native American tribes have used the land for burials, ceremonies, and other culturally significant traditions for generations.
Nosie’s granddaughter, Naelyn Pike, had her Sunrise Ceremony on the land. This tradition is a rite of passage for young Apache women. The copper mine would prevent the continuation of this ceremony. Pike has spoken fervently against the mine.
“How can we practice our ceremonies at Oak Flat when it is destroyed?,” Pike asked. “How will the future Apache girls and boys know what it is to be Apache, to know our home when it is gone?”The mine proposed would be one of the largest copper mines in the country, and the estimated impact would be devastating to the area. Estimated impacts of the mine predict a two-mile wide, 1,000 ft deep crater in the Oak Flat area as a result of Resolution Copper’s practices.
Oak Flat, located in Pinal County, is closest to Superior, Arizona (population est. 3,178 in 2019 according to the U.S. Census). The mine has also raised concerns with water use. Massive groundwater pumping could drain the regional aquifer, and place disproportionate environmental harms on rural and indigenous communities.
In 2014, as part of the obligatory 2015 National Defense Authorization Act, a midnight rider was added by Senators John McCain and Jeff Flake. It included a land transfer: the 2,422-acre Oak Flat area was to be transferred from the National Forest to Resolution Copper in exchange for 5,300 acres in private lands owned by the mining giant.
In Trump’s final days in office, the Forest Service published a final environmental impact statement almost a year ahead of schedule. This initiated a 60-day countdown for the land swap and created the impending March 16 transfer date.
Last Friday, Judge Steven Logan (an Obama-appointee) denied the Apache Stronghold's motion for a preliminary injunction to prevent the transfer and held that the group did not show that it was likely to prevail on its claims. Because Apache Stronghold was not a federally recognized tribe, the court found that the group did not have standing. The court rejected the argument that the land was reserved to the Apaches pursuant to an 1852 treaty.
Even read liberally, Logan said “the court cannot infer an enforceable trust duty as to any individual Indians.”Despite the loss on the injunctive motion, the case may still go to trial. In addition to Apache Stronghold’s pending suit to block the project, the San Carlos Apache Tribe filed its own suit against the mine, and a third suit was filed by a coalition of Native American and conservation groups.
The result of this upcoming litigation is unclear, but it is less hopeful after Judge Logan's recent decision. For more readings on the blog regarding environmental justice and native lands, check here, and here (discusses Biden Admin's prioritization of environmental justice).
How disheartening to hear the judge dismissed the case for lack of standing, although it is, unfortunately, not surprising in the general history of federal Indian law. I am still hopeful that the tribal nations bringing suit will be more successful as standing should not be a problem for recognized tribes. Still, the complete disregard the federal government has consistently shown toward tribal cultural and religious sites is appalling. Situations like this make me think of the cultural protections provided in international human rights law. Yet the United States refuses to be bound by such international norms. It is truly shocking to know that in 2021, the United States still fails to respect tribal nations, cultures, and religions.
ReplyDeleteKennedy, this was a very interesting article on an important issue. Though the Apache Stronghold is not a federally recognized tribe, I would think that the group’s activism for the Apache Tribe could help with standing. The deep significance of this land to tribal members is evident in your discussion of the burial lands and the Sunrise Ceremonies. It makes me question why a mine that could create major structural and water use problems would be pushed so hard by the federal government. I do hope that Judge Logan’s decision does not impact any upcoming litigation, including those from other groups. Hopefully there is a way for the new Administration to get involved and help stop the new mine.
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