Appeals court halts sale of Native American religious site defended by Catholic groups

CNA Staff, Aug 19, 2025 / 10:34 am

A federally protected Arizona site that has been the location of Native American religious rituals for centuries is temporarily blocked from sale to a copper mining company as legal disputes over the transfer continue to play out in federal court.

The U.S. Court of Appeals for the 9th Circuit said in a brief ruling on Aug. 18 that the Oak Flat site in Pinal County would not be transferred to Resolution Copper, a British-Australian multinational company, while emergency petitions against the sale are considered by federal judges. The transfer was set to take place Tuesday.

The three-judge panel said it took “no position on the merits of the motions” to halt the sale but that it was expediting the court schedule of the appeals. Briefs in the case will be due starting Sept. 8, the ruling said.

The 11th-hour block comes as what could be the last reprieve for a coalition of Native Americans and other advocates who have worked to halt the Oak Flat site’s transfer to the multinational mining company.

The nearly 7-square-mile Oak Flat parcel in the Tonto National Forest has been viewed as a sacred site by Apaches and other Native American groups for hundreds of years and has been used extensively for religious rituals.

The yearslong effort to stop the sale, led by the coalition group Apache Stronghold, has received backing from a broad swath of religious liberty advocates, including the U.S. Conference of Catholic Bishops and the Knights of Columbus, who have argued that federal religious freedom law prohibits the sale of the site to the mining company. 

For decades the federal government protected it from development, but the Obama administration in 2014 began the process of transferring the land to Resolution Copper, whose mining activities will largely obliterate the site.

In May of this year the U.S. Supreme Court refused to hear an appeal from Apache Stronghold regarding the transfer. Justice Neil Gorsuch at the time argued that the high court “should at least have troubled itself to hear [the] case” before “allowing the government to destroy the Apaches’ sacred site.”

Maria Dadgar, the executive director of the Inter Tribal Association of Arizona, told the Arizona Republic after the Aug. 18 ruling that Native American groups “have been on these lands now called Arizona since time immemorial.”

“We are hopeful with the news from the 9th Circuit Court of Appeals and welcome the opportunity to make our case for the continued protection of Oak Flat,” she said.

Apache Stronghold founder Wendsler Nosie said in a statement to CNA on Tuesday that the group was “deeply grateful” for the appeals court’s block.

“This decision is a vital step in protecting our spiritual lifeblood and religious traditions from destruction,” he said. “While the fight is far from over, this ruling gives us hope and time to continue our battle in the courts and to persuade the Trump administration to protect Oak Flat as a sacred place for future generations.”