Following extensive litigation before the Arizona Water Quality Appeals Board and the Arizona Office of Administrative Hearings, Earthrise recently obtained an order remanding the NPDES permit issued by the Arizona Department of Environmental Quality (ADEQ) to Resolution Copper, LLC, a Rio Tinto subsidiary that proposes to build North America’s deepest copper mine near Superior, AZ.

On behalf of our clients, Earthrise argued that ADEQ had arbitrarily and unlawfully authorized several new sources of copper pollution to Queen Creek, an intermittent stream that is already impaired for copper. During a seven-day evidentiary hearing in February 2018, Earthrise presented evidence that ADEQ had mis-applied the criteria for new source determination under applicable federal regulations, and that various new facilities, buildings, and structures at the proposed mine will generate considerable amounts of copper pollution. Post-hearing briefing concluded in May of 2018, and the presiding administrative law judge recommended a remand of the NPDES permit in an order dated October 16, 2018. That order was adopted in large part by the Arizona Water Quality Appeals Board, which has required ADEQ to perform the correct analysis under the regulations and to report back to the Board.

Earthrise contends that the correct “new source” determination for the Resolution Copper Mine and its resulting copper discharges would prohibit the issuance of the permit, because EPA regulations do not allow for new pollutant discharges to already-impaired waters. Earthrise represents the Arizona Mining Reform Coalition, Concerned Citizens and Retired Miners Coalition, and Save Tonto National Forest in this case.