Conservation groups suing to stop Patagonia mining projects head to federal court this week

Published: Wednesday, August 23, 2023 - 3:59pm

Conservation groups are heading to court Thursday afternoon in Tucson for a case they filed against a pair of mining projects slated for a stretch of U.S. Forest Service land in southern Arizona. 

The two mining projects are headed for the rugged Patagonia Mountains — a range the groups say is a vital habitat for endangered species like the Mexican spotted owl. And an important source of groundwater for animals and people. 

They filed suit against the U.S. Forest Service, arguing the agency violated the National Environmental Protection Act when it gave a permit to allow the projects to move forward.

Scott Stern is a lawyer with Earthjustice, one of the groups part of the suit. He says the agency is supposed to conduct environmental impact assessments before handing out permits for mining and other projects proposed for federal land. He says instead, the larger of the two projects — called Sunnyside — underwent only a minor assessment, while the other, Flux Canyon, didn't get assessed at all. 

"So, basically we are asking the court to preserve the status quo and prevent these companies from bringing heavy machinery and doing ground disturbance in these vulnerable project areas before the court has fully had time to consider the merits of this case," he said. 

This week, Stern and other attorneys for the groups are asking the court to place a temporary hold on all mining activity while the larger case proceeds. 

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