Patagonia, Arizona – Conservation advocates have taken legal action against the federal agencies that approved South32’s Hermosa mining project, arguing that the FAST‑41 fast‑track permitting process ignored key environmental safeguards.
Legal challenge cites species and water concerns
The Center for Biological Diversity and the Patagonia Area Resource Alliance filed the suit, claiming the Forest Service and Fish and Wildlife Service rushed the review, resulting in a permit “riddled with inconsistencies, ambiguities, and legal violations” under the Endangered Species Act and the National Environmental Policy Act.
The agencies’ own impact analysis identified ten endangered or threatened species that could be harmed, including the jaguar and Mexican spotted owl, as well as their critical habitats. The plaintiffs say the agencies relied on mitigation measures that have not yet been developed, violating the law for nine of those species.
Potential impact on local water and community
The lawsuit also alleges the federal review failed to assess how the mine would affect groundwater. Over a projected 70‑year life span, the operation could withdraw about 195,000 acre‑feet of water—enough to supply two to three households per year—lowering the water table by roughly 250 feet across a 50‑square‑mile area and impacting wells within three miles of the site.
“Once these mountains are carved up and their aquifers depleted, there’s no putting them back together,” said Russ McSpadden, a Southwest conservation advocate with the Center for Biological Diversity. “The Patagonia Mountains are worth far more as a thriving ecosystem than they’ll ever be worth to a giant mining company.”
Project details and federal support
Hermosa is the first mine approved under the FAST‑41 program, which the administration touts as a model for clear timelines, transparency, and inter‑agency coordination. The underground mine will extract zinc, lead, and silver, with potential for manganese and copper. Most of the site sits on private land, and construction is already more than halfway complete.
Federal approval includes a primary access road across the Coronado National Forest, a 138‑kilovolt transmission line, and a 225‑acre tailings facility for waste rock. South32 argues the project contains one of the world’s largest undeveloped zinc resources and enough battery‑grade manganese to meet current domestic demand.
Economic and community response
While the company reports capital costs have risen 50 percent to $3.3 billion and production has been delayed to 2028, local officials in Patagonia, the city of Nogales, and Santa Cruz County are negotiating a community benefits agreement. Residents fear the mine could diminish tourism, which the town relies on as a destination for birders and hikers.
Arizona regulators previously found South32 exceeded permitted antimony levels after discharging treated groundwater into a creek. Although the company has upgraded its wastewater treatment plant, community concerns remain.
Federal agencies’ stance
The U.S. Department of Justice, which represents the agencies in the lawsuit, declined to comment. South32 also did not respond to requests for comment.
Anna Darian, executive director of the Patagonia Area Resource Alliance, warned that Hermosa could set a precedent for weakening environmental protections: “Communities across the country should understand: this is just the beginning. The long‑term effects of waiving safeguards could have irreversible consequences for frontline communities like ours.”
Original reporting: Arizona Luminaria — read the source article.
