Save the Scenic Santa Ritas

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

  • Facebook
  • Twitter

Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors
  • Home
  • About Us
    • Contact
    • Board of Directors and Staff
    • Endorsements
    • Opposition and Resolutions
    • Volunteers and Friends
  • Background
    • Rosemont Mine
      • History
      • Impacts
        • Air Quality
        • Land Use
        • Wildlife and Habitat
        • Scenic Views
        • Heritage
        • Recreation
        • Economy
        • Water and Hydrology
    • Legislation
    • Copper
    • Patagonia Area Mines
  • In the News
  • Action
    • What Can I Do?
    • Donate
    • Volunteer
    • Join Mailing List
    • Endorse Us
    • SSSR Presentation
    • Show Your Support
    • Letter Writing
  • Events
    • Past Events
  • Resources
    • Visual Media
    • Links
    • Documents 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
  • Newsletter

Court Overturns Rosemont Air Pollution Permit – ADEQ decision ruled “not supported by evidence” and “an abuse of discretion”

March 6, 2015 By santaritas Leave a Comment

Court Overturns Rosemont Air Pollution Permit ADEQ decision ruled “not supported by evidence” and “an abuse of discretion”

(Phoenix, Ariz.) A Maricopa County (AZ) Superior Court today overturned a key air pollution permit for Toronto-based Hudbay Minerals’ proposed Rosemont copper mine. Judge Crane McClennen ruled the Arizona Department of Environmental Quality (ADEQ) acted “contrary to law” in its January 2013 decision to issue Rosemont the permit.

In completely adopting the evidence and arguments presented by SSSR, the court found the state relied on flawed data provided by Rosemont that was designed to understate the air pollution impact of the proposed $1.5 billion open pit copper mine.

McClennen stated in his ruling that ADEQ’s decision to issue the permit “was arbitrary and capricious,” an “abuse of discretion,” and “not supported by substantial evidence.”

The ruling came in response to a lawsuit filed by Save the Scenic Santa Ritas (SSSR), a southern Arizona coalition opposing the mine. SSSR provided evidence that Rosemont had manipulated its data in an attempt to convince ADEQ that pollution from the mine would not violate applicable air quality and health standards. SSSR showed if appropriate modeling were used, Rosemont’s operations would indeed violate these standards.

“Rosemont has a long history of playing fast and loose with the facts,” said Gayle Hartmann, SSSR’s President. “They expect ADEQ and other regulatory agencies to just rubber stamp their projects, but this time they both got caught. The court agreed with us that ADEQ did not do an adequate and proper job of evaluating Rosemont’s application.”

Rosemont is seeking state and federal permits to blast a massive open pit copper mine in the Santa Rita Mountains on the Coronado National Forest near Tucson. The air pollution permit is one of the several permits that Hudbay needs, but still doesn’t have, before it can begin operations at the mine site.

Today’s ruling means ADEQ will have to re-evaluate the air permit in light of additional data and analysis presented by SSSR showing the mine would violate state air quality and health standards.

At a hearing before an Administrative Law Judge last year, air quality experts working with SSSR provided evidence revealing that Rosemont selected an extremely low data measurement threshold for its ADEQ permit application in a manipulative attempt to show that mine operations would not exceed air quality standards.

Rosemont also did not tell ADEQ that it had provided data to the U.S. Forest Service, at that agency’s request, showing that using even a slightly higher measurement threshold would cause the mine to violate air quality standards. SSSR emphasized the significance of the report to the Forest Service proving that violations would occur.

Attorneys for Rosemont acknowledged to Judge McClennen in January that the company provided ADEQ with air pollution data that was substantially different than what the company gave to the U.S. Forest Service.

In particular, Rosemont chose to use a 5% ratio of nitrogen dioxide to nitrogen oxide pollution in its air pollution model, even though it had no hard data proving that 5% was the appropriate ratio to use. In fact, Rosemont had looked at how much pollution would be emitted using ratios of 5%, 10%, and 30%, but decided to give ADEQ only the 5% data results – the only level not showing a violation of air quality and public health standards.

By comparison, the Environmental Protection Agency, which oversees the Clean Air Act, recommends a default ratio of 50% when, as here, there is no hard data supporting a lower ratio.

“Rosemont can’t have it both ways,” said local physician Dr. Tom Purdon who also sits on the SSSR Board of Directors. “They tell the Forest Service one thing and then tell ADEQ something very different. What that tells southern Arizonans is that Rosemont still can’t be trusted. And it’s our health that would be jeopardized if the mine violates air quality standards.”

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

-30-

 

Download the press release

Download the court ruling

Filed Under: News, SSSR News

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Recent Posts

  • THE HOT TOPIC: WATER OR LACK THEREOF January 24, 2023
  • Hudbay ramps up excavation for Copper World Complex as local resistance continues and expands January 7, 2023
  • Meet The Man Who Shoots At Birds All Day To Keep Them Off A Toxic Pit | World Wide Waste (video) January 5, 2023
  • Lithium America Mine Project Hampered After Judge Schedules Hearing on Nevada Mine January 5, 2023
  • Thousands Will Live Here One Day (as Long as They Can Find Water) January 5, 2023
  • Latest Updates About Local Water Issues and Rosemont / Copper World Mine Complex January 5, 2023
  • Hudbay, Forest Service won’t appeal ruling blocking Rosemont Mine December 19, 2022
  • Letter: Proposed New Mines in Santa Ritas November 28, 2022
  • Wells are running dry in drought-weary Southwest as foreign-owned farms guzzle water to feed cattle overseas November 28, 2022
  • Annual pulses of copper-enriched sediment in a North American river downstream of a large lake following the catastrophic failure of a mine tailings storage facility November 28, 2022

Newsletter Sign-up

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

Rosemont/ Copper World Mine Complex News

THE HOT TOPIC: WATER OR LACK THEREOF

Hudbay ramps up excavation for Copper World Complex as local resistance continues and expands

Meet The Man Who Shoots At Birds All Day To Keep Them Off A Toxic Pit | World Wide Waste (video)

Lithium America Mine Project Hampered After Judge Schedules Hearing on Nevada Mine

More Posts from this Category

Copper World Flyover January 6, 2023 by David Steele

Another shocking sight of the incredible destruction happening on our beautiful Santa Ritas.WATCH VIDEO NOW

Russ McSpadden’s recent fly-over showing mine activity

In Nov 2022 Russ captured recent bulldozing in the Santa Rita Mountains. His video starts over the Rosemont mine project on the east side and then swings over the Copper World project on the west side. WATCH VIDEO NOW

Explore the proposed Rosemont and Copper World projects virtually

Check out Pima County’s updated map of the proposed mine site. Click on any spot on the map for ownership/status information. Mapping details are based on Hudbay’s PEA dated May 1.

Proposed Rosemont/ Copper World Mine Complex

Image compilation of the area

LENS ON THE LAND

October 2022 Powerpoint Presentation

Click here to download (PDF)

Litigation Update

There have been two recent judicial rulings on the Rosemont Copper Company projects — one favorable and one unfavorable.

Click here to learn more

The latest on Hudbay’s Copper World project in the Santa Rita Mountains

Click here to download (PDF)

Where is the Rosemont/Copper World Mine Complex?

Click here for directions

HELP US PROTECT THE SANTA RITAS

DONATE

Copyright © 2023 · Save the Scenic Santa Ritas