A federal appeals court ruled Wednesday that regulators were erroneous in concluding that the portion of Pima County targeted by copper mining is important to the conservation of the endangered jaguar.
Rosemont, ruling by a three-judge panel of the Ninth Circuit Court of Appeals, overturns lower court rulings and proponents claim it will bring hundreds of jobs and billions of dollars in revenue to the region It revived hopes for copper mines.
However, Justice Holly Thomas dissented, citing the government’s recognition that Pima County lands “are critically important to the conservation of jaguars as they face threats elsewhere in the jaguar’s range.” said it was “sufficiently substantiated”.
Mine opponents called the Circuit Court’s ruling “a regrettable decision that endangers the endangered jaguar.”
In an emailed statement, Center for Biodiversity attorney Mark Fink said of the region’s jaguars and other rare animals, “we will do everything possible to continue to protect this important habitat.” Stated.
A request for comment from Hadbay Minerals, the Canadian mining company that operates the Rosemont mine, was not immediately responded to on Wednesday.
This is the latest move in a 16-year push to develop open pit mines north of the Santa Rita Mountains. When the U.S. Fish and Wildlife Service ruled in 2016 that mining could continue even though it was on land designated as habitat critical to the survival of the jaguar, the Center for Biodiversity filed a lawsuit. caused
A federal district court agreed, ruling that although evidence of jaguars in the area was scant, the land in question remained “critical uninhabited habitat.”
But the appeals court said the lower court’s ruling was erroneous. For a vacant lot to be considered important, it must be essential to the survival of the species, not just “be beneficial to such efforts,” the group said.
The court noted that less than 1% of the jaguar’s range is within the United States, and that the jaguar’s recovery “is entirely dependent on more than 99% of its range being south of the border.”
Judge Daniel Forrest said in the Court’s opinion that “habitats that ‘may (or may not) be important to jaguar conservation are, by definition, not essential to conservation.'” “To conclude otherwise would render congressional restrictions on the government’s ability to designate land as significant uninhabited land moot.”
Mr Thomas objected, saying that while land in Pima County was not central territory for jaguars, “areas on the fringes of jaguar range are important in ensuring that jaguars not only survive but recover. It plays an important role,” he said.
Thomas agreed with the majority opinion that the area is not occupied by jaguars, even though a lone male was photographed in the area in 2013. The appeals court said the claim that the area had been occupied by jaguars was “based on decades of unrelated photographs.” The jaguar has been listed as an endangered species and has been spotted timely in another mountain range. “
The Rosemont Copper Mine will be located on land in the Santa Rita Mountains, including areas considered important habitat for the endangered jaguar.
The Fish and Wildlife Service did not respond to requests for comment. But Fink said in his statement that it would be a mistake to think there are no jaguars in Arizona.
“There is documented evidence of jaguars inhabiting the northern Santa Ritas Mountains, including the proposed Rosemont mine site, since 2015,” he said in a statement. “The jaguars and the rare frogs, snakes and fish that call these mountains home cannot be sacrificed for the benefit of mining companies.”
The mine is potentially the third largest in the United States and has been called a “significant driver of the economy and jobs” in the region. According to reports, it will directly employ 2,500 people during construction and 500 during operation, and the company claims the average income of the facility’s employees will be more than double the Pima County median.
But critics say the mine will consume huge amounts of water, pointing to a troubled history of water pollution from copper sulfide mines.
