ORDER

25A-A03-DEQ · Department of Environmental Quality · 2025-05-20

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

Pursuant to the discussion at the Oral Arguments on May 19, 2025, the tribunal enters the following Order:

IT IS ORDERED denying the Arizona Department of Environmental Quality’s Motion to Dismiss. The tribunal finds that under A.R.S. § 49-428(A), Appellants were a “person” who filed a comment on the permit or revision.

IT IS FURTHER ORDERED that any Motions for Summary Judgment shall be filed no later than June 16, 2025. Responses are due no later than June 26, 2025, and any reply due no later than July 1, 2025.

Done this day, May 20, 2025.

/s/ Adam D. Stone

Administrative Law Judge

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

Karen Peters

Department of Environmental Quality

1110 W Washington St, Sixth Floor

Phoenix, AZ 85007

[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