Court allows southern Arizona mine exploration to proceed as challenge continues

The Hermosa Mine as pictured June 18, 2023, near Patagonia, Arizona.

A federal appeals court on Friday rejected environmental groups’ request for an injunction against exploratory mine drilling by two companies seeking minerals in the Coronado National Forest near Patagonia.

A coalition of groups, including the local Patagonia Area Resource Council and the Center for Biological Diversity, sued in June to block copper, silver, lead and zinc exploration that the U.S. Forest Service had approved in two canyons about 4 miles south of Patagonia, in southern Arizona. They argued that the approvals violated federal law by not considering the cumulative effects of mining in a mountain range that supports rare species such as Mexican spotted owls and, sometimes, jaguars and ocelots.

The exploration zones are near a zinc and manganese mine currently under development with plans to provide minerals for electric vehicle batteries. If successful, that project alone, called the Hermosa Mine, could rekindle a historic mining district with more than 800 jobs in an area where birdwatching and other outdoor pursuits have long dominated.

The court challenge continues, though on Friday, the 9th Circuit Court of Appeals affirmed a federal judge’s ruling that exploration can proceed while the case works its way through court. The groups had sought an injunction against that.

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The case involves two companies seeking to drill from 37 pads between them. Arizona Standard will explore Humboldt Canyon, while South32 will drill in Flux Canyon.

“South32 will keep sustainability and our commitment to protecting wildlife and biodiversity at the core,” Pat Risner, the company’s Arizona project lead, said in a statement. “We will continue with biological monitoring as we conduct planned work at Flux Canyon, which will take place on 1.8 acres of land — similar to the size of a residential lot — and require fewer than 12 months to complete, including reclamation of all areas.”

A lawyer for the plaintiffs said the fight would go on.

“We're disappointed that the Ninth Circuit Court of Appeals failed to recognize the emergency that is drilling in the Patagonia Mountains," Earthjustice associate attorney Scott Stern said in a statement. "But this is far from the end of the road. We're confident that the Ninth Circuit will understand these threats when the court considers our appeal on its merits, which it will in the coming months.”

Brandon Loomis covers environmental and climate issues for The Arizona Republic and azcentral.com. Reach him at brandon.loomis@arizonarepublic.com or follow him on X, formerly Twitter, @brandonloomis.

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This article originally appeared on Arizona Republic: Judges reject injunction against drilling in Arizona's Patagonia Range