Judges Urged Supreme Court Review of Oak Flat Litigation
Eleven federal judges have criticized the court's refusal to rehear lawsuits regarding the Oak Flat land transfer.
Updated on Sept. 30, 2026 in Native American
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Eleven judges from the Ninth Circuit Court of Appeals have urged the U.S. Supreme Court to intervene in litigation concerning the Oak Flat land transfer. The court recently declined to rehear three separate lawsuits surrounding the site.
Why it matters
The dissenting judges argued that the court committed a tragic error by refusing to rehear the cases, noting the decision could lead to the permanent desecration of a sacred site. Their public criticism highlights significant internal disagreement over the legal handling of the contested land.
Eleven Ninth Circuit judges expressed dissent regarding the court's decision to deny a rehearing for three lawsuits concerning the Oak Flat land transfer. Judge Susan P. Graber wrote an opinion joined by 10 colleagues to highlight the court's oversight.
The players
Susan P. Graber
A judge on the Ninth Circuit Court of Appeals who authored an opinion criticizing the court's decision.
Apache Stronghold
An organization currently leading a separate legal challenge regarding the land at Oak Flat in a Phoenix federal district court.
Resolution Copper
The mining entity currently seeking the dismissal of the ongoing federal district court case regarding the site.
The details
While the appellate process faces uncertainty, a separate legal challenge led by Apache Stronghold remains pending in a federal district court in Phoenix. Both the federal government and Resolution Copper have requested that the district court dismiss this case.
Timeline
The Ninth Circuit declined to rehear the three lawsuits on Tuesday, September 29, 2026.
Culture Shift
The ongoing legal battle over the Oak Flat land transfer reflects a broader conflict between industrial development interests and the protection of sacred tribal lands. This case underscores the tension between established federal land-use policies and the rights of indigenous communities.
The ongoing litigation determines whether the proposed copper mine at Oak Flat will proceed or be halted to protect the site. Residents and stakeholders await the outcome of the district court's pending motion to dismiss the Apache Stronghold case.
The takeaway
The rare public dissent from eleven appellate judges indicates that the legal arguments regarding Oak Flat remain deeply contentious. Future developments hinge on whether the Supreme Court agrees to hear the case or if the Phoenix district court rules on the motion to dismiss.
Further reading
For more context on tribal land disputes and federal policy, visit the Native American section.
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Should federal law prioritize the protection of sacred land over industrial development projects?
