A U.S. District Court judge denied a request last Friday, Nov. 6, for a preliminary injunction to halt South 32’s Hermosa mine expansion onto federal public land.
The injunction was part of a lawsuit against the U.S. Forest Service and U.S. Fish and Wildlife Service brought forth by the Patagonia Area Resource Alliance and the Center for Biological Diversity.
According to a news release issued by the Center, the suit alleges that “the agencies failed to adequately evaluate threats to endangered species, groundwater and other public resources” before it approved the mine expansion.
The injunction would have stopped development of discharge points to distribute treated groundwater, an electric power line constructed by UniSource Energy Services, and an access road that would reroute industrial traffic away from Patagonia, according to South32.
Judge Raner C. Collins determined that the environmental groups did not meet the legal requirements to stop construction, but the underlying lawsuit will continue.
“Throughout this process, we’ve listened closely to the community and worked to develop solutions that address concerns about traffic, water management, and environmental protection,” Pat Risner, South32 Hermosa President, said in a news release.
Risner said this “decision allows us to efficiently move forward with those commitments. We look forward to responsibly advancing Hermosa in a way that reflects the community’s priorities and delivers lasting economic benefits to the region.”
Work was already underway on the projects mentioned in the suit, having started in September after the U.S. Forest Service approved the Mine Plan of Operations, according to South32.
In a statement made on its Facebook page, the Patagonia Area Resource Alliance said the fight is far from over.
“All options remain on the table, including appealing to a higher court,” the statement said. “We will continue to pursue every available avenue to hold this project accountable and ensure that our public lands and natural resources receive the protections they deserve.”
