The argument facilities on whether or not the Decision’s plan to assemble what can be one of many largest copper mines on the planet constitutes a “new supply of air pollution” beneath the Clear Water Act, or an “current supply.”
A “new supply” willpower would impose essentially the most stringent Clear Water Act rules on the proposed copper mine, and Decision would wish to show to the Arizona Division of Environmental High quality (ADEQ) that Queen Creek may return to compliance with clear water requirements even with further discharges.
An “current supply” willpower, nevertheless, would permit Decision to discharge copper-contaminated water into Queen Creek with out assembly the strongest protections beneath the Clear Water Act.
The ADEQ had beforehand handled Decision as an “current supply”, and this was later affirmed by the Maricopa County Superior Court docket. The Apache Tribe subsequently fought and received its case with the Arizona Court docket of Appeals in 2022.
Nevertheless, the Arizona Supreme Court docket’s June 2024 determination sided with the ADEQ willpower, giving Decision a significant win in its quest to mine the some 40 billion kilos of copper metallic. The ruling, in line with the court docket, was primarily based Decision’s plans to reuse a small variety of tunnels and mineshafts that the Magma Copper Firm constructed for a defunct mine that was exhausted in 1996.
In its assertion, the Apache Tribe stated the Arizona Supreme Court docket made “an egregious error” when it dominated that Decision Copper may keep away from assembly essentially the most rigorous Clear Water Act rules.
“It’s absurd to think about Decision an current supply when most of Decision’s mining operations have but to be constructed and the copper lode is a mile underground and has by no means been mined,” Terry Rambler, the Tribe’s chairman, stated.
“The Arizona Supreme Court docket twisted itself in knots to faux Decision’s principally unbuilt mining operations one way or the other exist already,” he added.
In the meantime, in a separate petition, non-profit group Apache Stronghold can be asking the US Supreme Court docket to forestall the switch of Oak Flat to Decision, arguing that the Spiritual Freedom Restoration Act protects their proper to worship on the sacred web site.
The Decision Copper mission has confronted quite a few setbacks for years on account of fierce opposition by the Apache Tribe. As soon as constructed, it could provide greater than 1 / 4 of America’s copper demand for many years.
Rio Tinto’ CEO not too long ago stated in a Bloomberg interview that the corporate is concentrating on first manufacturing by the tip of this decade.