Citizen Suit Enforcement/Clean Water Act: Environmental Organizations Notice of Intent to Sue Related to Expansion of Mine Site

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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Several environmental organizations sent the following document to Rosemont Copper Company (“Rosemont”) on April 14th:

60-Day Notice of Intent to Bring Citizen Suit for Rosemont Copper Company’s Violations of the Clean Water Act at the Copper World Expansion Mine (“NOI”)

The NOI was transmitted by the following organizations:

  • Save the Scenic Santa Ritas,
  • Center for Biological Diversity,
  • Arizona Mining Reform Coalition, and
  • Sierra Club Grand Canyon Chapter

The NOI addresses what is described as the Rosemont Copper World Expansion Mine. It is further described as a proposed mine site that includes ephemeral streams that are jurisdictional waters of the United States subject to the Clean Water Act.

The NOI alleges that Rosemont has:

. . . filled, dumped, or otherwise caused rock, soil, and other material to bury ephemeral streams or portions thereof on the west side of the Santa Rita Mountains and imminently plans to undertake operations that will clear and grade the site, including the discharge of dredge or fill material into waters of the United States without a Clean Water Act section 404 permit, 33 U.S.C. § 1344.

The previously alleged activities are stated to violate the Clean Water Act’s prohibition on unpermitted discharges of pollutants into jurisdictional waters of the United States.

A copy of the NOI can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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