ELR Citation: 52 ELR 20060
No(s). CV-19-00177-TUC-JAS and CV-19-00205-TUC-JAS (D. Ariz. May 23, 2022) (Soto, J.)

A district court granted a developer's motion to dismiss a challenge to the Army Corps of Engineers' decision to issue a CWA §404 permit for a proposed copper mine project in the Santa Rita Mountains. Environmental groups and Native American tribes argued that the Corps violated the CWA and NEPA when it issued the permit, and sought to have it vacated. The developer moved to dismiss for lack of subject matter jurisdiction, arguing plaintiffs' claims were moot because it had voluntarily surrendered the permit. The court found that because the developer had surrendered the permit, avowed not to use it, and did not request that it be reissued, there was no longer a live case or controversy surrounding the Corps' decision, and that the relief plaintiffs sought was no longer available. It dismissed the suit.