By Tony Davis, Dec 12, 2022 Updated Dec 15, 2022
Hudbay Minerals and the U.S. Forest Service won’t appeal a federal appeals court ruling blocking construction of the Rosemont Mine, ending a major legal case but not closing the controversy over the mine itself.
The mining company and the federal agency let pass a Nov. 22 legal deadline for appealing the 9th Circuit Court of Appeals ruling from May 2022 without acting. Their inaction ceded the hard-fought battle to mine opponents, which include three tribes and four environmental and conservation groups. Those opponents filed suit in 2017 to stop mine construction, shortly after the Forest Service approved it.
The decision of Hudbay and the Forest Service not to appeal to the U.S. Supreme Court means Hudbay can’t bury nearly 2 billion tons of mine waste rock and tailings on Coronado National Forest land. Hudbay has not, however, ruled out trying to find a legal path later to allow that.