Mr. Michael McPhie reports
SUPERIOR COURT OF ARIZONA GRANTS MOTION TO DISMISS LAWSUIT
The lawsuit brought
forward by certain parties against Curis Resources Ltd. and the Arizona Department of
Environmental Quality (ADEQ) challenging the validity of regulations
governing individual aquifer protection permits (APPs) has been dismissed. The ruling,
authored by Judge Arthur T. Anderson of the Maricopa County Superior
Court in Arizona, dismisses the case with prejudice, effectively acting
as a judgment on the merits in favour of Curis and ADEQ.
"We are pleased with the decision to dismiss what we believe to be a
frivolous and ill-advised lawsuit brought forward on very questionable
grounds," commented Rita Maguire, senior legal and government affairs adviser to
the chief executive officer and board of directors of Curis. "The review process for the permit for phase 1 operations of the Florence
copper project is both exhaustive and inclusive. The APP regulations
ensure the safety of the public and the environment, and guarantee
public involvement in the permitting process."
"The dismissal validates the authority and integrity of the environmental
review process for Aquifer protection permits in Arizona," stated Dan Johnson, vice-president, environment and technical services
and general manager with Curis in Arizona. "Both ADEQ and the United States Environmental Protection Agency have
extensive experience in protecting groundwater through the permitting
process, and Curis will continue to work with both agencies to ensure
the safety of the project."
"We see this decision as another strong vote of confidence in the
governmental permitting processes which ensure the safety of the
Florence copper project," commented Michael McPhie, president and chief executive officer of Curis. "We look forward to continuing a respectful and meaningful dialogue
around a project that will contribute to the quality of life of the
citizens of Florence, Pinal county and the state of Arizona."
Background
The lawsuit against ADEQ was filed by Southwest Value Partners Inc. of
San Diego, Calif., Johnson Utilities Inc. of Queen Creek, Ariz.,
and other plaintiffs, which sought to prevent ADEQ from issuing an APP to
Curis for the project. The lawsuit alleged that ADEQ exceeded its
statutory authority by creating a rule governing individual aquifer
protection permits of limited duration, known as temporary APPs. Curis
joined the lawsuit and filed a motion to dismiss with prejudice on the
grounds that state law granted ADEQ the authority to create the
regulation. The court agreed with Curis, finding that the regulation
governing temporary APPs "constitutes a valid exercise of ADEQ's
rulemaking authority." The dismissal with prejudice will prevent the
plaintiffs from challenging the validity of the temporary APP program
in any administrative appeal of the Curis permit.
We seek Safe Harbor.
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