More info here: https://www.scenicsantaritas.org/uncategorized/where-are-we-now/
SSSR News 9.17.19: Rosemont asks judge to amend ruling; links to latest news
Dear Friends of SSSR:
You may have seen the recent article Judge is asked to junk ruling that halted Rosemont work in the Sept. 5th edition of the Arizona Daily Star and wondered WHAT IS THIS ALL ABOUT?
Well, it’s all a bit
complicated, but the bottom line is that Hudbay is perhaps trying to
exhaust all possible remedies before filing a full appeal, which they
can still do within 60 days after the judge’s decision comes back on
their recent “Motion to Alter or Amend.”
Here are a few more details on Rosemont’s “Motion to Alter or Amend” filing:
Friday, August 30th, attorneys for Hudbay/Rosemont submitted what is
legally known as a “Motion to Alter or Amend” the Tucson federal court’s
Judgment that was issued on August 2nd. This Judgment formally
implemented the court’s July 31st Order, which had ruled that the Forest
Service’s Record of Decision and Final EIS violated numerous aspects of
federal public land, mining, and environmental law. The court’s
decision and Judgment “vacated,” which means set aside/invalidated, the
ROD and FEIS, such that they no longer can be used by the Forest Service
or any other federal agency in support of approving the Rosemont
August 30th motion asks the court to amend its decision so that the
FEIS should still be in force, and argued that the court exceeded its
jurisdiction in vacating the ROD and FEIS.
for SSSR and the other conservation group plaintiffs, along with
attorneys for the three Tribes, have reviewed Hudbay/Rosemont’s motion
and have found that it is without merit and should be denied by the
court. SSSR’ and the Tribes’ responses to Hudbay/Rosemont’s motion were
initially due to be filed September 13, but the court granted
SSSR/Tribes’ motion to extend that deadline, and now the responses are
due on September 27th. Notably, in its order setting the new response
deadline, the court ruled that Hudbay/Rosemont will not be allowed to
file a reply to SSSR/Tribes’ responses.
is no time limit for Judge Soto to rule on the new motion, but it will
be some time after SSSR/Tribes file their responses on September 27th.
we cannot predict with certainty what Judge Soto will decide, but our
attorneys are confident that, as we noted above, Hudbay/Rosemont’s
motion is without merit.
We’ll know for sure only when Judge Soto makes his decision , sometime after September 27th.
Last Tuesday, July 23rd,
Judge James Soto presided over an all-day hearing regarding the proposed
Rosemont Mine in the Santa Rita Mountains.
The lawyers on both sides
gave oral arguments. The purpose was to help the judge decide whether he
will grant an injunction that will stop groundbreaking activities
connected with the mine until he makes decisions on the two cases that
are before him.
He made no decision on
Tuesday, but took everything “under advisement.” He said he will issue
his decision before August 1 (I assume this means on July 31).
We all thought our lawyers
did an excellent job and we feel positive. But, the judge gets the last
word – so, as always, STAY TUNED. For details about the hearing, see
Tony Davis’s article in the AZ Star here.
And, thanks for your support over these many years!!
Gayle Hartmann, president
Save the Scenic Santa Ritas