You may have seen the recent article Judge is asked to junk ruling that halted Rosemont work in the Sept. 5th edition of the Arizona Daily Star and wondered WHAT IS THIS ALL ABOUT?

Well, it’s all a bit complicated, but the bottom line is that Hudbay is perhaps trying to exhaust all possible remedies before filing a full appeal, which they can still do within 60 days after the judge’s decision comes back on their recent “Motion to Alter or Amend.”

Here are a few more details on Rosemont’s “Motion to Alter or Amend” filing:

On Friday, August 30th, attorneys for Hudbay/Rosemont submitted what is legally known as a “Motion to Alter or Amend” the Tucson federal court’s Judgment that was issued on August 2nd. This Judgment formally implemented the court’s July 31st Order, which had ruled that the Forest Service’s Record of Decision and Final EIS violated numerous aspects of federal public land, mining, and environmental law. The court’s decision and Judgment “vacated,” which means set aside/invalidated, the ROD and FEIS, such that they no longer can be used by the Forest Service or any other federal agency in support of approving the Rosemont project operations. 

Hudbay/Rosemont’s August 30th motion asks the court to amend its decision so that the FEIS should still be in force, and argued that the court exceeded its jurisdiction in vacating the ROD and FEIS. 

Attorneys for SSSR and the other conservation group plaintiffs, along with attorneys for the three Tribes, have reviewed Hudbay/Rosemont’s motion and have found that it is without merit and should be denied by the court. SSSR’ and the Tribes’ responses to Hudbay/Rosemont’s motion were initially due to be filed September 13, but the court granted SSSR/Tribes’ motion to extend that deadline, and now the responses are due on September 27th. Notably, in its order setting the new response deadline, the court ruled that Hudbay/Rosemont will not be allowed to file a reply to SSSR/Tribes’ responses.

There is no time limit for Judge Soto to rule on the new motion, but it will be some time after SSSR/Tribes file their responses on September 27th.

So, we cannot predict with certainty what Judge Soto will decide, but our attorneys are confident that, as we noted above, Hudbay/Rosemont’s motion is without merit.

We’ll know for sure only when Judge Soto makes his decision, sometime after September 27th.

Since pictures often speak louder than words, we wanted to share with you some recent images captured along the Old Nogales Highway and along Santa Rita Road. Despite construction signs and recent clearing suggesting imminent activity, all is now quiet.

A message from Gayle Hartmann, SSSR president:

Judge Soto’s recent decision has been a wonderful, first-round victory, as I’ve said before.

It’s as if a very large, red STOP sign has been erected around the edges of the proposed Rosemont operations: A STOP sign for which we are extremely grateful. And remember, this is just one of THREE cases filed related to the proposed Rosemont mine.

So, where are we now?

The deadline to submit an appeal to the 9^th Circuit Court of Appeals is 2 October 2019. So far, neither Hudbay nor the Department of Justice has filed an appeal. If and when they do, it will be all over the media and we will, of course, send out a message. It is our understanding that it will take from 18 months to two years for an appeal to be heard – there is a significant backlog in the 9^th Circuit.

The second case, focusing on impacts on endangered species, has not been decided by Judge Soto. It was one of the “consolidated” cases presented to him in July. We expect he will make a decision within the next month or so, but he could take longer. We really don’t know how long he will take.

The third case, focusing on the 404 permit granted by the Army Corps of Engineers, will be “briefed” over the next several months. That means the lawyers on both sides will send their opinions to Judge Soto. The deadline for him to receive all their briefs is not until May 2020, so that case will not be decided for quite a while.

So, it is time to take a DEEP BREATH, RELAX (a little) and, if you’re so inclined, go for a walk, a bike ride, a horseback ride, a picnic in the Santa Ritas. Find a big oak tree, spread out a blanket and ENJOY!

As always, thanks for all your loyal support over all these years; we will continue to work toward NO OPEN-PIT COPPER MINE IN THE SANTA RITAS — EVER.

Gayle Hartmann

We had a very successful Rally to Save the Santa Ritas in downtown Tucson in front of the Federal building on Saturday, April 13.

About 300 sign-waving people were there along with three jaguars. You’ll see a couple of the jaguars in the photos.

The speakers were Congresswoman Ann Kirkpatrick, in whose district the mine site is located; Ruben Reyes, District Director for Congressman Raúl Grijalva; Austin Nuñez, President of the San Xavier District of the Tohono O’odham Nation; Councilmember Regina Romero, Tucson City Council; Supervisor Sharon Bronson, Pima County Board of Supervisors; and Chairman Richard Elías, Pima County Board of Supervisors.

All pointed out that this mine would have enormous, long-term negative impacts that would far outweigh any short-term positive ones. Also they all emphasized that the Santa Ritas are NOT THE RIGHT PLACE for an open-pit copper mine!!

Retired biologist Mike Ward sang a wonderful song that he had written called, “Adios, Rosemont Copper.”  The words are below.

We’ll keep you posted, as the legal wheels start turning regarding this truly egregious mining proposal.

Gayle Hartmann, SSSR President

Adios Rosemont Copper

Our parents all told us when we were just kids
Beware of kind strangers who come bearing gifts
These miners from Canada all seem very nice
But a nagging voice tells me we’d better think twice

They reach out their hands and assure that they’ll be
So kind and so gentle with our grasses and trees
They’ll refill our wells and pipe water for free
Hell, they even give money to Public TV

(Chorus)

Well thanks, but no thanks
We’ll get along fine Please pack up your shovels
And head down the line
No gracious amigos
Though you’ve been so very kind
Thanks, but no thanks
We’ll get along fine
Adios Rosemont Copper
We don’t need your mine

They promise to hide the pit from our view
Just another swell favor they’re willing to do
The Red-tails will gaze at the gash from above
We can’t let them tear up those hills that we love

(Chorus)

Someday we’ll wake up from this surreal dream
The Santa Ritas will shine out so clear and so green
Our new friends from Canada can come and enjoy
Those sweet, sacred mountains they tried to destroy

(Chorus)
Adios Rosemont Copper
We don’t need your mine

@Copyright 2011 Michael K. Ward

We will be tabling at the following events, and would love to have help at our info booth – click on an even to sign up! Questions? Contact us!

Patagonia Fall Festival
Saturday, 10/13/18, 10 AM – 5 PM
Sunday, 10/14/18, 10 AM – 4 PM

Anza Day at the Historic Hacienda De La Canoa Ranch
Saturday, 10/20/2018, 9 AM – 3 PM