ELR Citation: 52 ELR 20074
No(s). 21-15295 (9th Cir. Jun 24, 2022)

The Ninth Circuit affirmed, 2-1, a district court's denial of a Native American group's motion to preliminarily enjoin a land exchange and prevent copper mining on land in Arizona. The group argued the land exchange violated the Religious Freedom Restoration Act (RFRA), the Free Exercise Clause, and a trust obligation imposed on the U.S. government by an 1852 treaty with the Apache American Indians. The district court concluded that the group was unlikely to succeed on any of its claims and denied its motion for preliminary injunction. The appellate court found that the land exchange did not impose a "substantial burden" under RFRA, even if it makes it "impossible" for the group's members to worship on the land, that the exchange did not target religious conduct but rather was neutral and generally applicable, and that the treaty did not create an "enforceable trust duty." It held that the dispute must be resolved through the political process, and affirmed denial of the preliminary injunction.