Apache Stronghold v. USA, et al

  1. January 30, 2023

    Scholars Say 9th Circ. Ruling Violates Native Religious Rights

    Five religious liberty law scholars say a recent ruling by a Ninth Circuit panel that an Apache nonprofit didn't provide proof that a mining project will be a substantial burden on its religious freedoms violates the tribe's First Amendment rights, as the U.S. government continues with a proposed federal land swap for a copper mine in Arizona's Tonto National Forest.

  2. January 24, 2023

    Ariz. Chamber, Biz Interests Urge 9th Circ. To Greenlight Mine

    An Apache nonprofit's religious liberty challenge to a federal land swap for a copper mine in Arizona's Tonto National Forest does not meet a "bright-line rule" for a free exercise violation, the Arizona Chamber of Commerce and Industry told the Ninth Circuit, imploring the appellate court to uphold existing case law.

  3. January 10, 2023

    Tribes, Religious Orgs. Ask 9th Circ. To Halt Ariz. Mine Project

    Native American organizations, religious minority groups and legal scholars on Monday urged the Ninth Circuit to temporarily block a federal land swap that would enable a huge copper mine on Arizona land considered sacred by an Apache tribe, arguing the court should embrace a straightforward reading of the religious freedom law to protect the site.

  4. January 02, 2023

    Native American Cases To Watch In 2023

    All eyes are on the U.S. Supreme Court as it weighs a challenge to the Indian Child Welfare Act in a case that Indigenous-rights advocates say could threaten tribal sovereignty in many other areas, depending on the extent of the final ruling.

  5. November 17, 2022

    9th Circ. To Rethink Ariz. Copper Mine Approval

    A full Ninth Circuit will consider the legality of a controversial land exchange that would help an Arizona mining company extract up to 40 billion pounds of copper ore, the court announced Thursday, giving a win to Native American activists who say the mine would destroy a sacred Indigenous site.

  6. September 14, 2022

    NCAI Slams 'Double Standard' For Religious Law In Mine Row

    The National Congress of American Indians has urged the full Ninth Circuit to reconsider a panel decision allowing a federal land swap over the proposed Resolution Copper Mine, saying the decision misapplies an earlier circuit ruling and risks destroying an Indigenous sacred site.

  7. September 07, 2022

    Apache Group, Feds Clash Over 9th Circ. Redo In Mine Case

    A San Carlos Apache nonprofit has urged the full Ninth Circuit to reconsider a panel decision allowing a federal land swap the group contended would wreck its ability to worship at a sacred site, while the federal government countered that its decisions on federal land use can't be an illegal burden on the group's religious rights.

  8. September 02, 2022

    Religious Group Urges 9th Circ. To Rehear Ariz. Mine Case

    A group that advocates for religious rights asked the Ninth Circuit on Friday for a new hearing on a planned copper mine east of Phoenix, arguing that the court's previous decision misinterpreted the federal Religious Freedom Restoration Act.

  9. August 29, 2022

    Tribal Group Asks 9th Circ. To Speed Ariz. Mine Review

    A nonprofit organization representing the San Carlos Apache tribe asked the Ninth Circuit on Friday to speed up its reconsideration of a decision earlier this year that upheld plans for a massive copper mine in Arizona, saying a delay could allow the developer to raze a sacred Apache site on that land.

  10. August 16, 2022

    9th Circ. May Rethink Go-Ahead For Ariz. Copper Mine

    The Ninth Circuit may be poised to revisit a ruling from earlier this summer that upheld plans to tap nearly 2 trillion tons of copper ore on federal land in Arizona after one of its judges asked the full appeals court to reconsider whether the project would violate a local Apache group's religious liberty.