ORDER

25-002-WQAB · Water Quality Appeals Board · 2026-05-05

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

SAN CARLOS APACHE TRIBE, and ARIZONA MINING REFORM COALITION,

Appellants,

v.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Respondent

RESOLUTION COPPER MINING, LLC,

Intervenor.

No. 25-002-WQAB

ORDER

On May 5, 2026, The Arizona Department of Environmental Quality (“ADEQ”), Resolution Copper Mining LLC, the San Carlos Apache Tribe, and the Arizona Mining Reform Coalition (collectively the “Parties”) filed a Stipulated Motion Regarding Hearing Procedures for the hearing on May 11th-13th.

IT IS HEREBY ORDERED:

(1) The Parties will retain a court reporter to transcribe the proceedings and will share the costs equally.

(2) All documents in the ADEQ administrative record or otherwise identified in a Party’s disclosure statement may be admitted into evidence without the need for further authentication.

(3) Each Party may but need not make an opening statement not to exceed 10 minutes.

(4) The following four witnesses may testify in this order:

Josephine Maressa (ADEQ) – to provide an overview of ADEQ's Arizona Pollutant Discharge Elimination System (AZPDES) permitting program;

Dr. Casey McKeon (Resolution Copper);

Darla Gage (Resolution Copper); and

Josephine Maressa (ADEQ) – to testify regarding ADEQ's 2024 decision to renew Resolution Copper’s Arizona Pollutant Discharge Elimination System (“AZPDES”) permit.

(5) Each Party may but need not make a closing argument not to exceed 10 minutes.

(6) Within 30 days after the issuance of the transcript of the hearing, each Party shall submit its proposed findings of fact and conclusions of law, along with a closing brief. The closing brief shall not exceed 15 pages. There are no page limits for the findings of fact and conclusions of law, but counsel shall endeavor to avoid repetition.

Done this day, May 5, 2026.

/s/ Adam D. Stone

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile to:

Connie Castillo, Clerk

Water Quality Appeals Board

Lisa Kautz

100 N. 15th Avenue, Suite 402

Phoenix, AZ 85007

James N. Saul

Wild & Scenic Law Center

[email redacted]

Roger Featherstone

Arizona Mining Reform Coalition

[email redacted]

Christopher D. Thomas

Janet M. Howe

Holland & Hart LLP

[email redacted]

[email redacted]

James C. Olson, II

Taylor Parmenter

Office of the Attorney General

[email redacted]

Alexander B. Ritchie

Bern Velasco

San Carlos Apache Tribe

[email redacted]

[email redacted]

Trevor Baggiore

ADEQ Air Quality Division

AQD Permits Section

[email redacted]

By: OAH Staff