Conservation Wins in Court over Exploratory Drilling in Arizona’s Mountain Empire

Conservation Wins in Court over Exploratory Drilling in Arizona’s Mountain Empire

FOR IMMEDIATE RELEASE

Contact: Courtney Sexton, csexton@defenders.org, 202-772-0253

Wendy Russell, wendy@patagoniaalliance.org, 520-477-2308

Federal court flips the off switch on Forest Service’s approval of “Sunnyside” project in Coronado National Forest

Tucson, Ariz. —A district court in Arizona put the brakes on an environmentally destructive exploratory drilling project in the Coronado National Forest near Patagonia, Arizona, saying the Forest Service failed to conduct the appropriate environmental review before fast-tracking the approval of the “Sunnyside” project. In October 2014 conservation groups Defenders of Wildlife and the Patagonia Area Resource Alliance (PARA) filed a lawsuit claiming the Forest Service’s approval violated environmental laws and posed a threat to endangered species in the area.

 

Statement from Rob Peters, Defenders of Wildlife:

Pictured: Ocelot by Steve Harris

Pictured: Ocelot by Steve Harris

“This is a great victory for the many species of imperiled wildlife that call the Coronado National Forest and the Mountain Empire region home, especially the jaguar, Mexican spotted owl, ocelot and yellow-billed cuckoo, all of which are already at risk from multiple projects in the region.

“The court’s ruling against this destructive mining operation is the best thing that could have happened for the residents of Patagonia and for the incredible and diverse wildlife in the area.”

 

Statement from Wendy Russell, Patagonia Area Resource Alliance:

We’re not going to stand by and let the Forest Service rubber-stamp these mining projects in the Patagonia Mountains. There’s too much at stake for both our community and wildlife. This is the second time we’ve had to take them to court, and the second time we’ve won.

Defenders and PARA were assisted in the case by Roger Flynn, an attorney with the Western Mining Action Project. Flynn noted the importance of local residents’ right to participate in the Forest Service’s review of mineral projects on public land – residents were excluded from this process in the fast-tracking of the approval, a violation of federal law.

 

Background:

The Canadian mining company Regal Resources’ Sunnyside Project (an exploratory mining operation) involves drilling six exploratory holes for copper deposits up to 6,500 feet deep roughly five miles from the town of Patagonia, Arizona. The Forest Service issued a “categorical exclusion” decision which essentially fast-tracked the mineral drilling exploration and approved the project without involving the public or taking a hard look at the project’s impacts to endangered species. The decision authorized Regal Resources to run its drill rigs for at least five months in sensitive endangered species’ habitat. Loud mineral drilling operations and construction would occur 24 hours a day, seven days a week (using artificial lighting at night) with total project operations and reclamation lasting up to three years.

In January of this year, the Forest Service temporarily withdrew approval for the Sunnyside project until it completed consultation with the U.S. Fish and Wildlife Service to determine whether the project would significantly affect the western yellow-billed cuckoo, which is listed as a federally threatened species. After completing the consultation and concluding that there would be no significant effects, the Forest Service re-issued its approval for drilling to proceed in April, 2015.

 

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Defenders of Wildlife is dedicated to the protection of all native animals and plants in their natural communities. With more than 1.2 million members and activists, Defenders of Wildlife is a leading advocate for innovative solutions to safeguard our wildlife heritage for generations to come. For more information, visit www.defenders.org and follow us on Twitter @DefendersNews.

The Patagonia Area Resource Alliance is a citizen watchdog organization that monitors the activities of mining companies, as well as ensures government agencies’ due diligence, to make sure their actions have long-term, sustainable benefits to our public lands, our water, and the town of Patagonia. For more information visit www.patagoniaalliance.org and follow us on Twitter @PARAalliance.

Court hearing against Sunnyside mining exploration in Patagonia Mountains

Court hearing against Sunnyside mining exploration in Patagonia Mountains

federal court in TucsonThe Patagonia Area Resource Alliance and Defenders of Wildlife were in federal court in Tucson last Thursday to present oral arguments against the Forest Service’s unlawful approval of a mining exploration project in the Patagonia Mountains on the Coronado National Forest.

Over 20 people attended the court hearing in support of PARA, Defenders of Wildlife and the Patagonia Mountains.

Canadian mining company Regal Resources’ Sunnyside Project involves drilling six exploratory holes for copper deposits up to 6,500 feet deep roughly five miles from the Town of Patagonia.

The Forest Service issued a “categorical exclusion” decision which essentially fast-tracked the mineral drilling exploration and approved the project without doing any environmental assessments. The decision authorized Regal Resources to run drilling for one year, with a seven month stoppage during the breeding seasons of the Mexican spotted owl and Yellow-billed cuckoo.

Defenders of Wildlife Lawyer Jay Tutchton argued that the Forest Service’s approval of the Sunnyside project violates environmental laws and poses a potential threat to local, endangered species. The extensive mineral drilling and construction would run 24 hours a day, seven days a week with total project operations and reclamation lasting up to 3 years.

Mexican Spotted Owl © Glen E Goodwin

Mexican Spotted Owl ©Gooch Goodwin

The Patagonia Mountains support some of the world’s most threatened and endangered wildlife, including the jaguar, ocelot, lesser long-nosed bat, Mexican spotted owl, and yellow-billed cuckoo. Of particular concern is the Mexican spotted owl “Protected Activity Center” (PAC), prime habitat which is supposed to have the greatest protection by law and is occupied by the owls year-round. One of the project’s proposed drilling sites is less than 200 yards from a “nesting core area” of the PAC. The noise caused by the drills would be louder than a chainsaw and would disrupt about one-third of the Mexican spotted owls’ PAC, as well as the migratory corridors of jaguars and ocelots, Tutchton argued.

The Forest Service asked the court to dismiss the complaint. Forest Service lawyer Julia Thrower claimed the decision to grant a categorical exclusion complied with the National Environmental Protection Act and was not arbitrary or capricious.

“We’re optimistic that the judge will agree that the Forest Service’s attempt to avoid extra paperwork by skipping environmental assessments violates the law and places local, imperiled wildlife in even more jeopardy,” said Wendy Russell of the Patagonia Area Resource Alliance.

U.S. District Court Judge Rosemary Marquez said that she would take the matter under advisement and would issue her ruling before the proposed October 1 start date.

Forest Service re-issues Decision for Sunnyside Proposal by Regal Resources

Forest Service re-issues Decision for Sunnyside Proposal by Regal Resources

New Decision Memorandum Issued for Sunnyside Mineral Drilling Project in Patagonia Mountains

Sunnyside ProjectThe Forest Service sent out a notice on April 10th that a new Decision Memo has been issued for the Regal Resources Sunnyside project, an exploratory mineral drilling proposal in the Humboldt Canyon and Alum Gulch areas of the Patagonia Mountains on the Coronado National Forest.

The emailed notice from the Forest Service stated that exploratory drilling can start once “the operator provides a reclamation performance bond, incorporates the design features from the decision document, and the Plan of Operations is approved.”

The notice is misleading because it fails to mention two important facts.

No drilling can take place between March 1 to September 30 to avoid potential disturbance to the Mexican spotted owl and Yellow-billed cuckoo during their breeding season, as stated in the Decision Memo.

Additionally, PARA and Defenders of Wildlife are still in litigation against the Forest Service and US Fish and Wildlife Service for this unlawful approval of the Sunnyside Proposal. Read more…

The Sunnyside mineral drilling proposal is located approximately 7 miles south of the town of Patagonia. For more information concerning this decision, please contact Mindy Sue Vogel, Geologist, Coronado National Forest, 300 W. Congress Street, Tucson, AZ 85701, 520-388-8327, msvogel@fs.fed.us.

Agency Rescinds Approval of Destructive “Sunnyside” Mining Project Based on Conservation Concerns

Agency Rescinds Approval of Destructive “Sunnyside” Mining Project Based on Conservation Concerns

FOR IMMEDIATE RELEASE

Plug Pulled on Proposed “Sunnyside” project in Arizona’s Coronado National Forest

Tucson, Ariz. — Today the U.S. Forest Service temporarily put the brakes on an environmentally hazardous mining project in southern Arizona’s Coronado National Forest that it previously approved in August. The Forest Service’s decision follows a similar move by the U.S. Fish and Wildlife Service, which had originally given the project the green light in August and then withdrew its approval in December. The agency decisions to withdraw their approvals of the Canadian mining company Regal Resources’ “Sunnyside Project” are based on the project’s potential violation of multiple environmental laws.

jaguar photo by Nathan Rupert

photo by Nathan Rupert

“The agencies knew from the beginning that this project could have a devastating impact on the local wildlife and habitat in this unique corner of the country,” said Rob Peters of Defenders of Wildlife. “The Coronado is home to an incredible diversity of imperiled species like the jaguar, ocelot and yellow-billed cuckoo, all which are already at risk from multiple projects in the region.”

“No one understood why they approved this project to begin with, but for the sake of Patagonia’s residents and wildlife, we are glad to see that they’ve reconsidered,” added Peters.

In October conservation groups Defenders of Wildlife and the Patagonia Area Resource Alliance filed a lawsuit claiming the federal agencies’ approvals the Sunnyside project violated environmental laws and posed a threat to endangered species and the safety of drinking water for local residents.

“Sunnyside could have been a disaster not only for our region’s unique wildlife, but also for the residents living directly downstream and the municipal watershed of the town of Patagonia,” said Wendy Russell of the Patagonia Area Resource Alliance. “Projects like Sunnyside use and abuse a tremendous amount of the local water supply and create long-term destruction of wildlife habitat. The people and wildlife of our national forests deserve more, and the agencies know that.”

Click to hear from environmental attorneys on why they sue.

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Contact:  Courtney Sexton, csexton@defenders.org, 202-772-0253
Wendy Russell, wendy@patagoniaalliance.org, 520-477-2308

Defenders of Wildlife is dedicated to the protection of all native animals and plants in their natural communities. With more than 1.1 million members and activists, Defenders of Wildlife is a leading advocate for innovative solutions to safeguard our wildlife heritage for generations to come. For more information, visit www.defenders.org and follow us on Twitter @DefendersNews.

The Patagonia Area Resource Alliance is a citizen watchdog organization that monitors the activities of mining companies, as well as ensures government agencies’ due diligence, to make sure their actions have long-term, sustainable benefits to our public lands, our water, and the town of Patagonia. For more information visit www.patagoniaalliance.org and follow us on Twitter @PARAalliance.

Good News: A Gift For Everyone

Good News: A Gift For Everyone

The AZ Mining Inc (Wildcat Silver) Hermosa drilling project timeline was just pushed back–now almost a full year behind the previous schedule. We couldn’t have planned a better holiday gift! The release of the Hermosa Environmental Assessment (EA) and Draft Decision is now estimated for July 2015, which would then trigger a 45 day deadline for objections. If you commented on the Hermosa project, you will be able to participate in the objection process. PARA has successfully delayed AZ Mining Inc / Wildcat Silver–and all other mining companies–from drilling on public land in the Patagonia Mountains since 2011.

 

Your Gift is Helping to Save Wildlife and Water in Patagonia!

©Glen E Goodwin

Save my home in the Patagonia Mountains. ©Gooch Goodwin

Billie the Black Bear makes her home in the Patagonia Mountains. Open pit mining would destroy her home and the water that we all depend upon. Your gift to the Patagonia Area Resource Alliance empowers us to keep new mining activity off of public land in the Patagonia Mountains–successfully since 2011!

Read more about our most recent Activities and Accomplishments.

Your donations also make it possible for us to organize community involvement and action so that we can protect the Patagonia Mountains, wildlife and habitats, our waterways and our communities.

Please consider making a donation to PARA this year to support and grow this critical work in the Patagonia Mountains: patagoniaalliance.org/donations/

A big thank you to everyone who has already donated this year!

Mexican Spotted Owl © Glen E Goodwin

Mexican Spotted Owl © Glen E Goodwin

 

PARA Taking Action

The Forest Service approved the Sunnyside mineral drilling proposal by Regal Resources in the Patagonia Mountains, even though it directly threatens the imperiled Mexican spotted owl in the most sensitive area of their habitat–their roosting and nesting areas. As a result, we filed suit in federal court with Defenders of Wildlife for that unlawful approval, which violates environmental laws and poses potential threats to additional endangered species and the safety of drinking water for local residents.

 

Even More Good News: Thank You PARA Supporters!

We are very fortunate to have a group of amazingly committed community members and generous donors supporting our work.

We’ve just exceeded our year-end goal of raising $19,000! We on our way to reaching our entire 2015 operating budget. Thank you!

The work necessary to keep mining out of the Patagonia Mountains a reality is only possible because of your financial support.

Consider making an automatic, monthly donation to PARA on your credit card through PayPal.
Every single contribution makes a sizable difference to our organization and ultimately for our community.

It is only because of the generous support from people like you that we can undertake this critical work. Thank you!

Conservationists turn to the Courts to Battle Mining in Patagonia on behalf of Imperiled Wildlife and Local Residents

Conservationists turn to the Courts to Battle Mining in Patagonia on behalf of Imperiled Wildlife and Local Residents

FOR IMMEDIATE RELEASE

October 29, 2014

Contact: Courtney Sexton, csexton@defenders.org, 202-772-0253
Wendy Russell, wendy@patagoniaalliance.org, 520-477-2308

Groups file complaint against Forest Service and Fish and Wildlife Service for approval of mineral drilling project in Arizona’s Coronado National Forest

TUCSON, ARIZ. – Defenders of Wildlife and the Patagonia Area Resource Alliance today asked a federal court to hold the United States Forest Service and United States Fish and Wildlife Service accountable for their unlawful approval of the “Sunnyside” mineral exploration drilling project in southern Arizona’s Coronado National Forest, in the Alum Gulch area of the Patagonia Mountains. The groups say the approval of the Canadian mining company Regal Resources’ Sunnyside Project violates environmental laws and poses a potential threat to endangered species and the safety of drinking water for local residents. The Sunnyside Project involves drilling multiple exploratory holes up to 6,500 feet deep in one of the most biologically diverse mountain ranges in Arizona. The extensive drilling and construction would run 24/7 for months on end, and the total project operations could last up to 3 years.

Mexican Spotted Owl © Gooch Goodwin

Mexican spotted owl, ©Gooch Goodwin

The Coronado National Forest, the Patagonia Mountains and the watersheds in this region support some of the world’s most imperiled wildlife, including the jaguar, ocelot, lesser long-nosed bat, Mexican spotted owl, and yellow-billed cuckoo. Of particular concern is the Mexican spotted owl “Protected Activity Center” (PAC) in the Alum Gulch area, a site which is supposed to have the greatest protection of the law. One of the project’s proposed drilling sites is only one-tenth of a mile from the “nesting core area” of this PAC.

“The potential damage from the Sunnyside Project, especially coupled with other damaging mining projects in the region, could have devastating impacts on this imperiled wildlife and the habitat they depend on, as well as the water supply for local residents,” said Rob Peters of Defenders of Wildlife. “This is a national forest and imperiled wildlife and their habitats on the forest should be protected— not polluted by expanded drilling operations.”

Ocelot, Leopardus pardalis. photo US FWS

Ocelot, Leopardus pardalis. photo US FWS

Patagonia area residents are dependent on water originating from Alum Gulch, an area which is also designated as critical habitat for the jaguar and Mexican spotted owl. The imperiled ocelot, lesser long-nosed bat, and yellow-billed cuckoo have also been observed near the project area.

“The Sunnyside Project could have tremendous adverse impacts on local wildlife and local residents, affecting the floodplains and the municipal watershed of the town of Patagonia,” said Wendy Russell of the Patagonia Area Resource Alliance. “The drilling will require 12,500 gallons of water per day, an amount approximately equal to ten percent of the daily water usage of the Town of Patagonia. This project threatens not only endangered wildlife, but our community’s water, health and safety.”

Click to hear from environmental attorneys on why they sue.

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Defenders of Wildlife is dedicated to the protection of all native animals and plants in their natural communities. With more than 1.1 million members and activists, Defenders of Wildlife is a leading advocate for innovative solutions to safeguard our wildlife heritage for generations to come. For more information, visit www.defenders.org and follow us on Twitter @DefendersNews.

The Patagonia Area Resource Alliance is a citizen watchdog organization that monitors the activities of mining companies, as well as ensures government agencies’ due diligence, to make sure their actions have long-term, sustainable benefits to our public lands, our water, and the town of Patagonia. For more information visit www.patagoniaalliance.org and follow us on Twitter @PARAalliance.

Sunnyside Mining Update: Public Comment Period Re-Opened

By Wendy Russell

The Forest Service has re-opened the public comment period for the Regal Resources Sunnyside mining exploration project in Humboldt Canyon. This is the same project that had an earlier scoping period back in November 2011. According to the scoping notice from the Coronado National Forest, Sierra Vista District Ranger Mark Ruggiero has “decided to offer another scoping period in conjunction with this formal comment period to ensure that public involvement is current and comprehensive.”

Regal Resources Inc. is a junior mining company based in Canada. Its property in the Patagonia Mountains consists of 295 claims on the Coronado National Forest totaling approximately 5,900 acres. The scoping notice states that the Sunnyside mining exploration project is for 6 exploratory drilling sites to collect core samples to assess potential copper mineralization in Humboldt Canyon. The operation would run 24 hours a day, 7 days a week. Water would be hauled in and access for the project would be from the town of Patagonia by way of Harshaw Road, aka National Forest System Roads 49 and 58. Access within the project area would be via NFSR 812 and 4685.

According to the scoping notice, “if you submitted comments in 2011 regarding the Sunnyside project, you MUST advise us [Forest Service] in writing that you would like your previous comments to be considered as responsive to the legal notice for eligibility to appeal the decision: you do not have to resubmit your comments.” If you did not receive the scoping notice and would like to receive that information from the Forest Service contact Patrick Morton, FS Geologist, at (520)388-8348 or pmorton@fs.fed.us.

Link to Scoping Notice for Sunnyside mining project

Link to Sunnyside project map

Link to Sunnyside Plan of Operation

Link to USFS project page for Regal Resource’s Sunnyside project in Humboldt Canyon.

The Patagonia Area Resource Alliance co-hosted a comment writing workshop with Sky Island Alliance on Thursday, August 1 at 6:30 PM in Cady Hall to assist folks who want to comment on the Sunnyside project. It is our only opportunity to get the Forest Service to examine all aspects of this mining exploration project that may concern us as local citizens who live and enjoy recreation around the Patagonia Mountains. Remember, you’re only eligible to challenge the decision rendered by the Forest Service regarding this exploratory drilling project if you submit a comment within the 30-day comment period. The estimated deadline for comments is August 10, 2013.

We will be posting comment suggestions and a template from that workshop.

If you wish to submit a comment:
Please include the project name (Sunnyside Project) in the subject line of your response and/or email.
Comments may be submitted as follows:
Email: comments-southwestern-coronado@fs.fed.us
Facsimile: 520-388-8305, ATTN: Patrick Morton
U.S. Mail: Coronado National Forest, ATTN: Patrick Morton, 300 W. Congress St., Tucson, AZ 85701
Hand-delivery: 6th floor, 300 W. Congress St., Tucson, AZ 85701
Monday through Friday, 8 a.m. to 4:30 p.m., excluding Federal holidays

Also note: the Wildcat Silver Hermosa mining exploration project opened its public comment period in early August.

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