Copper World Mine Foes Take Legal Action Against AZ Land Department Over Open Meeting Breach

An environmental advocacy group and Arizona’s largest pecan farming enterprise have initiated an appeal against the state land board’s recent approval of a right-of-way essential for a $1.3 billion copper mining project situated southeast of Tucson. This action, taken on Tuesday, reflects growing concerns over the environmental impact and legality of the proposed project.

Save the Scenic Santa Ritas, along with Farmers Investment Co., claims the Arizona State Land Department failed to adhere to state laws and constitutional provisions by allowing Copper World Inc. to build infrastructure across protected research land. This challenge follows a September ruling by Maricopa County Superior Court Judge Scott Blaney, which concluded that the state land board breached Arizona’s Open Meetings Law. The board’s decision lacked transparency regarding the intended use of the right-of-way for pipelines to transport millions of tons of mine waste.

“The Santa Rita Experimental Range is mandated by law to serve ecological and rangeland research purposes,” stated Rob Peters, executive director of Save the Scenic Santa Ritas. He emphasized that the state land department’s actions constituted a violation of legal and constitutional obligations.

The right-of-way grants Copper World, a subsidiary of the Canadian mining company Hudbay Minerals Inc., the authority to install power lines, communications infrastructure, and pipelines for water and mine waste across the Santa Rita Experimental Range—a 52,000-acre research facility that has been operational since 1902.

The proposed project, projected to unfold over 44 years in two phases, begins near Green Valley, with an initial phase allowing for a 17-year mining operation on existing Hudbay-owned land. This phase would facilitate the acquisition of additional permits necessary for operations on adjacent public lands, potentially leading to significant ecological damage.

Pima County has expressed opposition to the project for over a decade. Central to the controversy is the allegation that the land department sidestepped legal protections established by the Arizona Legislature, which in 1988 stipulated that the range be used solely for research. A subsequent order by the land department in 1991 further restricted its development.

“The Legislature did not authorize the land department to create a bureaucratic scheme to grant a foreign mining company industrial rights-of-way across the ecologically sensitive range,” remarked Nan Walden, chief counsel for Farmers Investment Co.

The current appeal specifically challenges an Oct. 8 decision by the land board that sought to address earlier violations of the Open Meetings Law. Findings indicated that the board notably failed to inform the public that the right-of-way would accommodate additional pipelines for mine tailings, contradicting previous disclosures.

According to the plaintiffs, this re-approval did not sufficiently detail the project or the pipelines involved, continuing to obscure critical information. Copper World intends to establish multiple open pit mines on either side of the Santa Rita Mountains, approximately 35 miles southeast of Tucson, including the contentious Rosemont pit.

“We will continue to pursue all legal options to stop this horrific mining project that will destroy the northern half of the Santa Rita Mountains, deplete billions of gallons of groundwater, and pollute the air,” warned Peters. He criticized the project for its potential to generate toxic waste near residential neighborhoods and schools, all for copper extraction intended for overseas markets.

The Santa Rita Experimental Range, historically managed by the U.S. Forest Service before its transfer to Arizona in 1988, is noted as the longest continuously active rangeland research facility and one of the five oldest biological field stations in the United States.

The Arizona State Land Department remains tight-lipped regarding ongoing litigation, while a representative from Hudbay confirmed that the mining company is currently reviewing the appeal.