Hard-Fought Victory at Tyrone Copper Mine
In a case that traces its roots back to a 2003 groundwater discharge permit, the Law Center and client Gila Resources Information Project (GRIP), and the NM Environment Department (NMED) prevailed in our efforts to force Freeport McMoRan (formerly Phelps Dodge Mining Co.) to clean up the contaminated groundwater under its massive Tyrone pit – the 5th largest open-pit mine in the U.S.
Attorney Bruce Frederick and Freeport McMoRan’sTyrone pit from the air,
April 2008. Courtesy of GRIP.
On January 13, 2009, the NM Water Quality Control Commission upheld two key disputed conditions in the discharge permit that require the company to re-grade and cover thousands of acres of waste rock piles that would otherwise generate acid rock drainage and contaminate groundwater. “In an arid state like New Mexico that is so dependent on groundwater supplies, we cannot afford to use our aquifers as waste dumps,” says Allyson Siwik, Executive Director of GRIP. “We need every drop. NMED issued a solid permit back in 2003, and the Commission made the right decision in supporting it.”
The company had argued that groundwater supplies under the Tyrone copper mine are not required to be protected under the NM Water Quality Act because they would not be used in the foreseeable future. Further, the company posited that it could count on “institutional controls” such as signs and zoning laws to prevent people from using the contaminated water for centuries to come. The Commission made several important determinations that were directly contrary to the company’s arguments. Most importantly, it unequivocally rejected the assertion that land ownership and control of the land surface are relevant to determining whether groundwater will be used in the future. Instead, it directed the NMED to only consider objective factors, such as premining water quality, aquifer characteristics and whether or not the water beneath the mine may be needed in the foreseeable future.
In March, Freeport McMoRan appealed the ruling. The Law Center and our client are preparing to defend the decision before the NM Court of Appeals later this year. Back to top