PDF copy: Minute Entry Continuance

25-002-WQAB · Water Quality Appeals Board · 2025-03-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS SAN CARLOS APACHE TRIBE and No. 25-002-WQAB ARIZONA MINING REFORM COALITION, CASE MANAGEMENT ORDER; Appellants, ORDER GRANTING CONTINUANCE v. DEPARTMENT OF ENVIRONMENTAL QUALITY and RESOLUTION COPPER MINING, LLC, Respondents.

On February 28, 2025, the parties submitted a joint status update and proposed

interim case management schedule.

The parties cited to Arizona Revised Statutes (A.R.S.) Title 41, Article 6. The

parties are advised that chapter is inapplicable: “This article only applies to contested

cases of agencies that are exempt from article 10 of this chapter as provided in section

41-1092.02.”1 The Water Quality Appeals Board (WQAB) and Arizona Department of

Environmental Quality (ADEQ) are not exempt from Title 41, Article 10.2

Unless specified by WQAB statues and rules, these proceedings operate under

A.R.S. § 41-1092, et seq. and A.A.C. R2-19-101, et seq.3 Per A.R.S. § 41-

1092.07(F)(4), depositions may be permitted of “a witness who cannot be subpoenaed

or who is unable to attend the hearing.”4 Depositions will not be ordered otherwise.

The parties may agree amongst themselves to conduct interviews under oath and

submit transcripts of such interviews as proposed evidence.

IT IS ORDERED ADEQ shall produce the complete permit record, consisting of

all documents reviewed or considered by the agency in drafting and issuing the permit

by March 28, 2025.

A.R.S. § 41-1067. 2 See A.R.S. § 41-1092.02. See Notice of Hearing at 1–2. See also A.A.C. R2-17-110. Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 IT IS ORDERED the parties shall request documents from and produce

documents to each other in good faith; upon disagreement, the parties shall meet and

confer within five days. If the parties are unable to reach an agreement, the requesting

party may submit a subpoena accompanied by a short statement of relevance (not to

exceed one page per requested production) and the objecting party will have two days

to submit a short explanation of its objection (not to exceed one page per requested

production).

IT IS ORDERED subpoenas must be requested by April 25, 2025.

IT IS ORDERED the above-entitled matter is set for a Status Update on May 2,

2025. Done this day, March 4, 2025. /s/ Samuel Fox Administrative Law Judge Transmitted by either mail, e-mail, or facsimile to: Connie Castillo, Clerk Dena Benjamin Water Quality Appeals Board Office of the Attorney General Lisa Kautz [email redacted] 100 N. 15th Avenue, Suite 402 Phoenix, AZ 85007 Alexander B. Ritchie Bern Velasco James N. Saul [email redacted] Wild & Scenic Law Center [email redacted] [email redacted] Trevor Baggiore Roger Featherstone ADEQ Air Quality Division Arizona Mining Reform Coalition AQD Permits Section [email redacted] [email redacted] Christopher D. Thomas Jeffrey D. Cantrell, Esq. Perkins Coie LLP Assistant Attorney General [email redacted] [email redacted] [email redacted] [email redacted]

By: OAH Staff