Civish

Cholla Ready Mix, Inc. (“Cholla”) appeals the district court’s dismissal of its complaint alleging that Arizona state officials’ policy against using materials mined from Woodruff Butte in state construction projects violates its rights under the Establishment Clause, 42 U.S.C. §§ 1981 , 1983, and 2000d, and the Arizona Constitution. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I. BACKGROUND

Dale McKinnon, who is Cholla’s sole shareholder, and his family own a portion of Woodruff Butte. 1 In 1990, the McKin-non family leased part of Woodruff Butte and began mining it for aggregate materials used primarily for road construction. Shortly after mining operations began, the Hopi Tribe, Zuni Pueblo, and Navajo Nation (collectively, “the Tribes”) passed resolutions against the mining because of Woodruff Butte’s religious, cultural, and historical significance to these groups. In June 1991, the Arizona Department of Transportation (ADOT) granted a commercial source number allowing materials mined from the Butte to be used in state highway construction projects. In September 1991, the McKinnons bought the mined portion of Woodruff Butte.

The mining of Woodruff Butte led…