• Home
  • About Us
    • Contact
    • Board of Directors and Staff
    • Endorsements
    • Opposition
    • Volunteers and Friends
    • Donors
  • Background
    • Rosemont Mine
      • History
      • Mine Plan
      • Key Facts
      • Impacts
        • Air Quality
        • Land Use
        • Wildlife and Habitat
        • Scenic Views
        • Heritage
        • Recreation
        • Economy
        • Water and Hydrology
    • Legislation
    • Copper
    • Patagonia Area Mines
  • News
    • SSSR News/Media Releases
    • Rosemont in the News
    • Other related news
  • Action
    • Donate
    • Volunteer
    • Join Mailing List
    • Endorse Us
    • SSSR Presentation
    • Show Your Support
    • Letter Writing
  • Events
    • Past Events
  • Resources
    • Visual Media
    • Links
    • Documents and Reports
      • Older docs and reports
    • 1872 Mining Law
    • Inspiration
  • Projects
    • Lens on the Land
      • Biodiversity
      • Culture
      • Economy: Industry, Tourism & Recreation
      • The Land
      • Night Sky and Astronomy
      • Water Resources
    • Rosemont Mine Truth

Save the Scenic Santa Ritas

Fighting to protect the Santa Rita and Patagonia Mountains from the devastating impacts of mining.

  • Facebook
  • Twitter

Hudbay’s Motion for Reconsideration Denied

November 1, 2019 By Lisa Froelich 1 Comment

On Friday, 25 October, Judge James Soto’s issued his response to Hudbay’s motion for reconsideration. He only took 1 ½ pages to deny it. He briefly summarized the law on the subject and made several statements including:

  • “motions for reconsideration should be granted only in rare circumstances,” 
  • “nor may a motion for reconsideration repeat any argument previously made in support of or in opposition to a motion,” and
  • “mere disagreement with a previous order is an insufficient basis for reconsideration.”

His conclusion: “The Court has reviewed the record in this case. The Court finds no basis to reconsider its decision. Accordingly, IT IS ORDERED that Rosemont’s motion for reconsideration is …denied.”
 
He also denied Rosemont/Hudbay’s request for oral argument by saying, “Because the briefing (that is, what was presented in writing and verbally in court) is adequate and oral argument will not help in resolving this matter, oral argument is denied.”

Judge Soto’s decision was not really a surprise, but we are pleased to see it. It seemed as if Rosemont/Hudbay was just using the request for reconsideration as a stalling tactic. But, now the 60-day clock  starts ticking; i.e., Rosemont/Hudbay have 60 days to file an appeal with the 9th Circuit Court of Appeals of Judge Soto’s 31 July decision. They will very likely do that. It is our understanding that the 9th Circuit Court of Appeals is very backlogged and, thus, this case will not be heard for at least 18 months. Our legal beagle guys and gals are keeping a close eye on everything.  

For more info, see the latest news article in the Arizona Daily Star:

https://tucson.com/news/local/judge-won-t-reconsider-his-ruling-stopping-the-rosemont-mine/article_f57a0ac1-58a2-50a6-b3b8-d3ee6cff978b.html
 

Filed Under: Litigation, News

Federal Judge Halts Construction of Rosemont Mine in Arizona

Federal Judge Halts Construction of Rosemont Mine in Arizona

July 31, 2019 By santaritas 4 Comments

FOR IMMEDIATE RELEASE:
PDF version can be downloaded here

Federal Judge Halts Construction of Rosemont Mine in ArizonaTUCSON, Ariz.— A federal judge today overturned the U.S. Forest Service’s approval of a controversial open-pit copper mine in southern Arizona’s Santa Rita Mountains, citing the agency’s “inherently flawed analysis from the inception of the proposed Rosemont Mine.” The ruling blocks Toronto-based Hudbay Minerals from beginning construction on the proposed $1.9 billion mine in the Coronado National Forest, 30 miles southeast of Tucson. “We are heartened that the federal judge recognized that the Forest Service fell short in their duty to protect public lands and resources,” said Gayle Hartmann, president of Save the Scenic Santa Ritas. “Our public lands are a public trust, and we must not allow them to be illegally used to enrich a foreign mining company.”

Rosemont site, looking east, by Gooch Goodwin

Save the Scenic Santa Ritas, the Center for Biological Diversity, the Arizona Mining Reform Coalition and the Sierra Club’s Grand Canyon Chapter filed a lawsuit in November 2017 challenging the Forest Service’s approval of the mine. The Center also sued the U.S. Fish and Wildlife Service over its determination that the mine would not jeopardize threatened and endangered species. A decision in that case is pending. “This is a crucial victory for jaguars and other wildlife that call the Santa Ritas home,” said Randy Serraglio, conservation advocate at the Center. “The judge’s ruling protects important springs and streams from being destroyed. We’ll move forward with everything we’ve got to keep protecting this southern Arizona jewel from this toxic mine.” In 2017 the Forest Service issued a “record of decision” for the Rosemont Mine, saying the project complies with environmental laws and regulations and should proceed. The decision authorized Hudbay to build and operate the mine for its projected life of 30 years. Today’s decision overturns the record of decision and the underlying environmental analysis for the mine project, sending both back to the Forest Service.    
“Whether your concern is this proposed mine’s excessive water use, mountain of toxic mine tailings and waste rock and the harm it would do to the watershed for outstanding waters Davidson Canyon and Cienega Creek; the destruction of thousands of acres of public land; or the negative impacts to habitat for jaguars and other endangered species, this decision is good news,” said Sandy Bahr, chapter director for Sierra Club’s Grand Canyon (Arizona) Chapter. “This decision means the Santa Rita Mountains are about more than lining the pockets of a foreign mining company.” 

In today’s ruling, U.S. District Judge James Soto determined that the Forest Service violated federal mining and public land laws in approving the massive waste rock and tailings piles that would be located on Forest Service lands. Judge Soto said no work on the mine could begin due to the fundamental violations of federal law.  “Given the magnitude of the errors,” Judge Soto wrote, “allowing the Rosemont Mine to proceed while the Forest Service conducts further proceedings… is unwarranted.” “Today’s decision by Judge Soto will help ensure that Arizona’s communities and the environment will be protected from the ravages of this ill-conceived and devastating mining proposal,” said Roger Featherstone, director of the Arizona Mining Reform Coalition. “Future generations will look back at these proceedings and marvel that our organizations and tribal governments needed to go to court to force the U.S. Forest Service to do what they are chartered to do — protect our water and natural heritage.” Hudbay wants to blast a mile-wide, half-mile-deep pit in the Santa Rita Mountains and pile toxic mine tailings and waste rock hundreds of feet high across nearly 2,500 acres in the headwaters of Davidson Canyon, a tributary to Cienega Creek, which replenishes Tucson’s groundwater basin.  

“The court correctly found that the Forest Service violated federal law in giving rights to Rosemont that the law does not recognize, making their entire decision approving the project illegal,” said Roger Flynn, director and managing attorney for the Western Mining Action Project, one of the attorneys representing the environmental groups. More than 5,000 acres would be harmed by the mine, including nearly 4,000 acres of public land that would be covered by the mine’s waste dumps, processing plant and infrastructure. 

The pit and waste dumps would remain as a permanent scar and environmental hazard. The mine would also destroy prime jaguar habitat, land that’s critical to the survival and recovery of jaguars in the United States. The Rosemont Mine faces additional legal challenges not addressed by today’s ruling. The judge has not yet ruled on the merits of the groups’ March lawsuit challenging the U.S. Army Corps of Engineers’ issuance of a Clean Water Act permit for the mine. The mine, which would threaten critical water resources and wildlife habitat, cannot be constructed without the permit.
In September 2017 the Center sued to challenge a biological opinion from the U.S. Fish and Wildlife Service that determined the mine would not jeopardize threatened and endangered species in the area. The Forest Service relied on the Fish and Wildlife Service’s opinion in its decision to approve the mine. In today’s ruling, the judge said he will issue a separate order at a later date for this case. The Court’s also ruled in favor of the three American Indian tribes ― the Tohono O’odham, Pascua Yaqui and Hopi ― that filed a similar lawsuit challenging the Forest Service’s approval of the mine. Like the environmental groups, the tribes have filed a lawsuit challenging the U.S. Army Corps issuance of the Clean Water Act permit. The tribes are represented by Earthjustice.

Save the Scenic Santa Ritas is a nonprofit organization working to protect the Santa Rita and Patagonia Mountains from environmental degradation caused by mining and mineral exploration activities. 

The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1.4 million members and online activists dedicated to the protection of endangered species and wild places. 

Founded in 1892, the Sierra Club is a national nonprofit environmental organization with approximately 2.7 million members and supporters, including more than 60,000 in Arizona. Sierra Club’s mission is “to explore, enjoy, and protect the wild places of the earth; to practice and promote the responsible use of the earth’s ecosystems and resources; and to educate and enlist humanity to protect and restore the quality of the natural and human environment. 

The Arizona Mining Reform Coalition represents 16 local, regional, and national organizations working in Arizona to improve state and federal laws, rules, and regulations governing hard rock mining to protect communities and the environment. We work to hold mining operations to the highest environmental and social standards to provide for the long term environmental, cultural, and economic health of Arizona. 

The groups are represented by the Western Mining Action Project, a public interest law firm specializing in litigation on mining issues in the western states.

-30- 

Filed Under: Litigation, NEPA, News

Court Order Sought to Stop Rosemont Mine Construction in Arizona

May 16, 2019 By santaritas 6 Comments

PDF version can be downloaded here

TUCSON, Ariz.— Conservation groups and tribes yesterday asked a federal court to prevent construction from starting on the Rosemont Copper Mine in southern Arizona until a judge rules on pending lawsuits filed by the parties.

Yesterday’s motion for a preliminary injunction, filed in U.S. District Court in Tucson, pertains to five lawsuits filed over the past two years by Save the Scenic Santa Ritas, the Center for Biological Diversity, the Arizona Mining Reform Coalition, the Sierra Club’s Grand Canyon Chapter, and the Tohono O’odham, Pascua Yaqui and Hopi tribes. The lawsuits seek to overturn a series of federal approvals greenlighting the controversial open-pit copper mine in the Santa Rita Mountains.

“The Rosemont mine would cause irreparable and permanent damage to our water and mountains,” said Gayle Hartmann, president of Save the Scenic Santa Ritas. “Allowing Rosemont to commence construction activities prior to a judge addressing the serious issues in our suit would deny southern Arizonans the justice to which they are entitled under the law.”

The lawsuits say that federal agencies violated fundamental environmental laws, including the Clean Water Act and the Endangered Species Act, when they approved the massive Rosemont Mine. The mile-wide, 3,000-foot-deep mine would dry up critical water sources, harm a number of endangered species and destroy thousands of acres of public land in the Coronado National Forest.

Hudbay Minerals, the project’s owner, has announced plans to begin ground-disturbing activities in July.

“It’s senseless to allow Rosemont to start shredding our public lands before the judge has a chance to rule whether this is legal,” said Randy Serraglio, conservation advocate at the Center for Biological Diversity. “Thousands of acres of prime jaguar habitat, a scenic highway and critically important springs and streams are at immediate risk of irreparable harm.”

If the preliminary injunction is granted, mine construction would be prevented until a federal judge rules on the underlying lawsuits.
Hudbay Minerals, Rosemont’s Canadian owner, wants to blast a mile-wide, half-mile-deep pit in the Santa Rita Mountains and pile toxic mine tailings and waste rock hundreds of feet high in the Davidson Canyon/Cienega Creek watershed, which directly replenishes Tucson’s groundwater supply.

More than 5,000 acres would be destroyed by the mine, including nearly 4,000 acres of public land that would be covered by the mine’s waste dumps, open pit, processing plant and infrastructure. The pit and waste dumps would remain as permanent scars and environmental hazards on the landscape.

The mine also would destroy thousands of acres of federally protected jaguar critical habitat — land that’s been formally designated as essential to the survival and recovery of jaguars in the United States. This area includes the former home territory of the famous jaguar named “El Jefe” by Tucson schoolchildren.

The groups are represented by the Western Mining Action Project, a public interest law firm specializing in litigation on mining issues in the western states, and Marc Fink and Allison Melton of the Center for Biological Diversity. The Tribes are represented by Heidi McIntosh, Stu Gillespie and Caitlin Miller of Earthjustice.

Background

In 2016 the U.S. Fish and Wildlife Service issued a “biological opinion” declaring that the Rosemont Mine would not unduly harm jaguars, ocelots or any of a dozen endangered species threatened by the mine.

In 2017 the U.S. Forest Service approved a “record of decision” for the Rosemont Mine, declaring that the project complies with all applicable environmental laws and regulations and should proceed. These decisions were challenged by three lawsuits filed in late 2017 and early 2018.

In March two more lawsuits were filed in federal court challenging the U.S. Army Corps of Engineers’ issuance of a Clean Water Act permit for the mine, which was the final outstanding permit Rosemont needed to begin construction. In 2016 the Army Corps district engineer in Los Angeles formally recommended denial of the permit, concluding that the mine would violate water-quality standards and a number of laws and was not in the public interest. But under the Trump administration, the agency reversed its position and issued the permit in March 2019.

All five lawsuits have been consolidated before U.S. District Judge James Soto in Tucson, Ariz.

Save the Scenic Santa Ritas is a nonprofit organization working to protect the Santa Rita and Patagonia Mountains from environmental degradation caused by mining and mineral exploration activities.

The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1.4 million members and online activists dedicated to the protection of endangered species and wild places.

Founded in 1892, the Sierra Club is a national nonprofit environmental organization with approximately 2.7 million members and supporters, including more than 60,000 in Arizona. Sierra Club’s mission is “to explore, enjoy, and protect the wild places of the earth; to practice and promote the responsible use of the earth’s ecosystems and resources; and to educate and enlist humanity to protect and restore the quality of the natural and human environment.”

The Arizona Mining Reform Coalition represents 16 local, regional, and national organizations working in Arizona to improve state and federal laws, rules, and regulations governing hard rock mining to protect communities and the environment. We work to hold mining operations to the highest environmental and social standards to provide for the long term environmental, cultural, and economic health of Arizona.

Filed Under: Litigation, NEPA, News

  • 1
  • 2
  • 3
  • …
  • 17
  • Next Page »
DONATE

Recent Posts

  • Hudbay’s Motion for Reconsideration Denied November 1, 2019
  • Hudbay continues to scale back at Rosemont site October 14, 2019
  • Hudbay asks Judge to Junk Ruling September 17, 2019
  • Links to recent news and letters September 4, 2019
  • All is quiet on the Rosemont front! August 27, 2019

Newsletter Signup

Sign up to receive important updates straight to your inbox! We will guard your privacy and will not provide your email to anyone else.

RSS Latest from Rosemont Mine Truth

  • Pima County reaffirms resolution opposing Rosemont Mine April 19, 2019
  • Hudbay approves $122 million spending plan for “early works” at Rosemont March 29, 2019
  • Hudbay seeking Rosemont Mine joint venture partner after receiving key federal Clean Water Act permit March 15, 2019
  • Hudbay has failed to provide legal justification for Clean Water Act permit, Natural Resources Committee chairman says March 5, 2019

Selected Lens on the Land Photographs

PlayPause
Partial view of the proposed mine site, looking west, by Cheryl Rogos
Slider

Copyright © 2019 · Save the Scenic Santa Ritas