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The San Carlos Apache Tribe is taking its longstanding fight against Resolution Copper to the US Supreme Court after the Arizona state court ruled in favour of the Rio Tinto-BHP joint venture.
The argument centers on whether the Resolution’s plan to construct what would be one of the largest copper mines in the world constitutes a “new source of pollution” under the Clean Water Act, or an “existing source.
The ADEQ had previously treated Resolution as an “existing source”, and this was later affirmed by the Maricopa County Superior Court. The Apache Tribe subsequently fought and won its case with the Arizona Court of Appeals in 2022. “It’s absurd to consider Resolution an existing source when most of Resolution’s mining operations have yet to be built and the copper lode is a mile underground and has never been mined,” Terry Rambler, the Tribe’s chairman, said.
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