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SAN CARLOS APACHE TRIBE v. STATE

No. 1 CA-CV 21-0295.

520 P.3d 670 (2022)

SAN CARLOS APACHE TRIBE, Appellant, v. STATE of Arizona; Arizona Water Quality Appeals Board; Arizona Department of Environmental Quality, Appellees. Resolution Copper Mining, LLC, Intervenor/Appellee.

Court of Appeals of Arizona, Division 1.

Filed November 15, 2022.

Attorney(s) appearing for the Case

San Carlos Apache Tribe, San Carlos, By Alexander B. Ritchie , Justine R. Jimmie , Counsel for Appellant.

Arizona Attorney General's Office, Phoenix, By Jeffrey Cantrell , Counsel for Appellee, Arizona Department of Environmental Quality.

Perkins Coie LLP, Phoenix, By Christopher D. Thomas , Matthew Luis Rojas , Andrea J. Driggs , Karl J. Worsham , Counsel for Intervenor/Appellee, Resolution Copper Mining, LLC.

Vice Chief Judge David B. Gass delivered the opinion of the court, in which Presiding Judge Paul J. McMurdie joined. Judge Angela K. Paton dissented.

OPINION

¶1 San Carlos Apache Tribe (the Tribe) argues Resolution Copper Mining LLC's (Resolution) copper-mining site is a new source under the Clean Water Act (CWA) because Resolution recently sank shaft 10. The CWA treats the new mine shaft as a "new source...

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