Minute Entry Continuance

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

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

SAN CARLOS APACHE TRIBE and ARIZONA MINING REFORM COALITION,

Appellants,

DEPARTMENT OF ENVIRONMENTAL QUALITY and RESOLUTION COPPER MINING, LLC,

Respondents.

No. 25-002-WQAB

CASE MANAGEMENT ORDER;

ORDER GRANTING CONTINUANCE

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.” The Water Quality Appeals Board (WQAB) and Arizona Department of Environmental Quality (ADEQ) are not exempt from Title 41, Article 10.

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. 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.” 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.

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

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

Perkins Coie LLP

[email redacted]

Dena Benjamin

Office of the Attorney General

[email redacted]

Alexander B. Ritchie

Bern Velasco

[email redacted]

Trevor Baggiore

ADEQ Air Quality Division

AQD Permits Section

[email redacted]

Jeffrey D. Cantrell, Esq.

Assistant Attorney General

[email redacted]

By: OAH Staff