ORDER

25A-A03-DEQ · Department of Environmental Quality · 2025-08-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

CENTER FOR BIOLOGICAL DIVERSITY, FARMERS INVESTMENT CO., and SAVE THE SCENIC SANTA RITAS ASSOCIATION,

Appellants,

vs.

ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY,

Respondent,

COPPER WORLD, INC.

Intervenor.

No. 25A-A03-DEQ

ORDER

After careful review of the parties’ respective Motions for Summary Judgment, the responses thereto as well as the oral arguments;

IT IS ORDERED denying Appellant’s Motion for Summary Judgment, and granting Respondent’s and Intervenor’s Motion’s in part as to the definition of a “major stationary source” per A.A.C. R2-18-75(c). However, at this time the tribunal declines to grant full summary judgment and will conduct a hearing on the remaining issue(s) on October 23-24, 2025 at 9:00 a.m. until 4:30 p.m. each day. The Google Meet information is as follows:

October 23, 2025

Meeting ID

https://meet.google.com/odz-nnuz-qtu

or

Phone Numbers

(US)+1 402-509-7928

PIN: 742 155 983#

October 24, 2025

Meeting ID

https://meet.google.com/csn-fmra-vwm

or

Phone Numbers

(US)+1 657-845-9713

PIN: 623 472 145#

IT IS FURTHER ORDERED that all witnesses and initial lists of exhibits shall be disclosed by September 9, 2025, with final disclosure by October 16, 2025. Further, any prehearing statements shall also be filed/exchanged by October 16, 2025.

Done this day, August 14, 2025.

/s/ Adam D. Stone

Administrative Law Judge

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

Karen Peters

Department of Environmental Quality

[email redacted]

Adriane J. Hofmeyr

Hofmeyr Law, PLLC

[email redacted]

Paul Phelps

Assistant Attorney General

Environmental Enforcement Section

[email redacted]

Eric L. Hiser

HISER BURGGRAFF CURTIS

[email redacted]

[email redacted]

By: OAH Staff