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SCOTUS won't hear case that could have enforced stricter regulatory standards for Resolution Copper

Resolution Copper's No. 10 shaft, the deepest single lift mine shaft in the U.S., overlooks the Oak Flat campground in the Tonto National Forest.
Gabriel Pietrorazio/KJZZ
Resolution Copper's No. 10 shaft, the deepest single lift mine shaft in the U.S., overlooks the Oak Flat campground in the Tonto National Forest.
Coverage of tribal natural resources is supported in part by Catena Foundation

The nation’s highest court, on Monday, decided against taking up a case that could’ve resulted in enforcing stricter regulatory standards for a massive copper mining project some 60 miles east of Phoenix.

In a statement, Resolution Copper is “pleased” that the U.S. Supreme Court has allowed the previous ruling to stand despite the San Carlos Apache Tribe filing an appeal in September.

The Arizona Supreme Court unanimously determined in June that the Superior-based mining project can discharge treated wastewater into an already polluted water source called Queen Creek.

But the tribe has been arguing in local and state courts since 2017 that Resolution Copper should be considered a new source of pollution because the mine hasn’t produced any copper yet.

Reclassifying its status as a new polluter would’ve meant that the project had to comply with the most stringent regulations under the federal Clean Water Act. The San Carlos Apache Tribe did not offer a comment when asked to do so by KJZZ News.

Gabriel Pietrorazio is a correspondent who reports on tribal natural resources for KJZZ.