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.
Supreme Court of Arizona.https://leagle.com/images/logo.png
Filed June 27, 2024.
Filed June 27, 2024.
Attorney(s) appearing for the Case
Christopher D. Thomas (argued), Diane M. Johnsen, Andrea J. Driggs, Janet M. Howe, Perkins Coie LLP, Phoenix, Attorneys for Resolution Copper Mining, LLC.
Kristin K. Mayes, Attorney General, Jeffrey D. Cantrell (argued), Assistant Attorney General, Arizona Attorney General's Office, Phoenix, Attorneys for Arizona Department of Environmental Quality.
Alexander B. Ritchie, Justine Jimmie, Department of Justice, San Carlos Apache Tribe; Bernardo M. Velasco (argued), Jana L. Sutton, Mesch Clark Rothschild, Tucson, Attorneys for San Carlos Apache Tribe.
Brian A. Cabianca, Squire Patton Boggs (US) LLP, Phoenix, Attorney for Amici Curiae American Exploration and Mining Association, National Mining Association, Arizona Mining Association, and Montana Mining Association.
JUSTICE KING authored the Opinion of the Court, in which CHIEF JUSTICE BRUTINEL, VICE CHIEF JUSTICE TIMMER, and JUSTICES BOLICK, LOPEZ, BEENE, and MONTGOMERY joined.
JUSTICEKING, Opinion of the Court:
¶1 Copper mining began at the Magma Copper Mine near Superior, Arizona, over a century ago. In 1975, the United States Environmental Protection Agency (the "EPA") issued the mine its first permit authorizing the discharge of water pursuant to the Clean Water Act...
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