For Star subscribers: Hudbay Minerals now plans to first mine private land it owns in the Santa Ritas, but to still try to find a legal way to leave wastes on national forest land in the Rosemont area later.
Tony Davis Hudbay Minerals and the U.S. Forest Service won't appeal a federal appeals court ruling blocking construction of the Rosemont Mine, ending a major legal case but not closing the controversy over the mine itself.
After a three-judge panel for the 9th Circuit voted 2-1 in May to uphold Soto's ruling, Hudbay requested a rehearing before the 9th Circuit. But the same panel denied the request on Aug. 22, setting up the Nov. 22 deadline for the company and the Forest Service to appeal to the Supreme Court. Such an appeal must be filed 90 days after the final appellate court ruling.
Toronto-based Hudbay now calls the entire proposed mine project Copper World. It has renamed the east slope Rosemont Mine project the East Pit. The open pit it has planned to dig there stretches well over a mile wide in diameter and drops 3,000 feet underground. "Our team is fully committed and focused on continuing the permitting process for our private land project, Copper World. Phase I of Copper World will require Hudbay to obtain state and local permits to begin operations. These permits will require the project to meet all environmental standards and include monitoring and bonding requirements to ensure compliance," Hudbay said in a statement to the Star.
Responding to Hudbay's statement that it will still try to dispose of wastes on federal land, Steve Brown, a co-president of the opposition group Save the Scenic Santa Ritas, said it"confirms that they will continue to seek ways to circumvent the laws governing the use of public land. We have confidence that over the long run, the American justice system will continue to protect the public from those whose only interest is to increase their private profits ... .
The law allows U.S. citizens to have mining rights, after payment of small fees, to explore for and remove"valuable minerals" from federal land, wrote 9th Circuit Judge William Fletcher, who wrote the majority opinion in the May 2022 ruling against Hudbay and the Forest Service. "But the claim is invalid and confers no right without a 'discovery' of 'valuable minerals' on the claim," Fletcher added."If a mining claim is invalid, a miner has no right, possessory or otherwise, in connection with the land."
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