The entrance of the South32 Hermosa mine site, a critical minerals project that looks to source manganese and zinc.
The Center for Biological Diversity and Patagonia Area Resource Alliance have filed a lawsuit against the Environmental Protection Agency (EPA) seeking to overturn an air quality permit for the Hermosa Mine near the town of Patagonia in Southern Arizona.
The mine, owned and operated by global mining and metals company South32, looks to source federally designated critical minerals, zinc, and manganese to help meet the nation’s demand for EV battery materials.
The lawsuit describes itself as a “straightforward Clean Air Act deadline suit” challenging an air pollution permit issued by the Arizona Department of Environmental Quality (ADEQ) in August.
Under the federal Clean Air Act, the permit requires EPA review.
“It’s very strict in terms of ensuring that polluters, if they’re going to get a permit to pollute, that they comply with stringent requirements that assure compliance with standards meant to protect clean air and public health,” said Jeremy Nichols, with the Center.
In September, a legal petition was filed requesting the EPA to reject the permit that highlights concerns for hazardous air pollutants released from the mine, including heavy metals like lead, manganese and arsenic that could harm nearby communities.
By law, the EPA must grant or deny the petition within 60 days, but has yet to respond.
The presidential transition period could also result in further delay.
“We have every confidence that this petition is going to get a fair review in front of the EPA, regardless of the administration but we want to make sure EPA does not drag its feet any longer,” Nichols said.
This lawsuit follows a 2023 legal challenge against the U.S. Forest Service’s approval of South32’s mining exploration activities in the area.
“We don’t take issue with the need to be able to extract critical metals that are needed for the built out of clean energy, but it can’t come at the expense of people’s health and the environment,” Nichols said.
It remains unclear when the EPA will respond to the petition, but Nichols is hopeful that the lawsuit will lead to a ruling sooner rather than later.
By submitting your comments, you hereby give AZPM the right to post your comments and potentially use them in any other form of media operated by this institution.