The U.S. Supreme Court declined to hear an appeal by the nonprofit group Apache Stronghold over the proposed Resolution Copper mine in Arizona, which would destroy Oak Flat, a sacred Apache site used for ceremonies, according to a report by NBC News. The nonprofit group argued the project violates tribal members’ religious rights under the First Amendment and the Religious Freedom Restoration Act.
Resolution Copper, a joint venture of Rio Tinto and BHP, said it has held “extensive consultation” with tribes and will continue dialogue. Wendsler Nosie Sr., a member of Apache Stronghold, issued a statement saying the fight would continue and urging Congress to intervene.
Justices Neil Gorsuch and Clarence Thomas dissented, with Gorsuch calling the decision a “grievous mistake.” The case centers on a 2014 law transferring federal land to Resolution Copper for mining development.