An Arizona judge has ruled a coalition of farms and municipalities can’t jump into a lawsuit the state has brought against Saudi Arabian-backed farming company Fondomonte.
Arizona Attorney General Kris Mayes is suing Fondomonte in Maricopa County Superior Court on claims its groundwater pumping is a “public nuisance.”
Fondomonte has operated in Arizona for more than a decade, growing alfalfa with groundwater and using it to feed cattle.
A group of farmers and other stakeholders asked to intervene in the case, because they argued the outcome could affect them too. On Tuesday, the coalition’s attorney, Brady Pew, said if Mayes is successful, they believe she’ll bring public nuisance lawsuits against more farms.
“The court should consider the political and practical realities of this case. It's an open attempt to change Arizona law with respect to groundwater, and other cases are going to be filed if this case is successful. And it's not just the AG we're concerned about — it's others that might bring private nuisance claims or public nuisance claims,” Pew said in an oral argument on Tuesday.
But Mayes’ attorney argued the case is specifically about Fondomonte.
In his ruling, Judge John Blanchard acknowledged this is seen as a “test case” for enforcing groundwater regulation, but said “generalized concern” about potential future lawsuits isn’t a good enough reason to let the other groups intervene.
“Movants do not bring distinct factual issues or non-redundant legal arguments. Their participation would unnecessarily multiply the parties and risk delay without contributing to the just and efficient adjudication of the issues,” Blanchard wrote.
