We can be glad that SIRG does not face problems like this.

Mining company files suit to block Florence law that could halt project

by Dennis Wagner - Oct. 21, 2012 09:08 PM

A mining company that plans a subterranean copper project in Florence wants a federal judge to overturn a new town ordinance that would effectively shut down the development.

Curis Resources (Arizona) Inc. filed a complaint in U.S. District Court last week seeking an injunction to block the ordinance, which bans storage or use of large quantities of sulfuric acid, a key ingredient in the copper-recovery process.

Curis plans to mine the ore beneath Florence through a process known as in situ mining.

Millions of gallons of a sulfuric-acid solution would be injected more than 400 feet underground to leach out the mineral.

The solution containing the copper would then be vacuumed to the surface for processing.

Curis purchased property near the geographic center of Florence for the project and secured a mineral lease on unincorporated state trust land that is surrounded by the municipality.

The controversial project was voted down by Town Council members.

After Curis announced plans to proceed with a mine on the unincorporated state property that is surrounded by Florence, the council adopted its ordinance limiting sulfuric-acid storage and use.

Under the law, more than 50 gallons of the chemical cannot be stored or used during a 30-day period within 2 miles of municipal boundaries.

Violations are considered a misdemeanor -- "nauseous, offensive and unwholesome" -- subject to fines and jail.

The civil suit says Florence's ordinance unconstitutionally singles out Curis for criminal prosecution and was adopted solely to block the project.

It notes that sulfuric acid is a commonly used chemical and that the town exempted agriculture from prosecution even though farmers routinely pour the acid directly into irrigation water.

"The true purpose of the ordinance is not the protection of public health and safety," the suit says, "but to prevent Curis from moving forward with the project."

Florence Mayor Tom Rankin said the measure was not directed solely against Curis but any company that might want to operate an in situ mine in or near the town.

"Anything we do, Curis will file suit," he added.

Curis had planned to begin a test project in September but is still awaiting full environmental approval from state and federal regulators.

The company wants a judgment invalidating the Florence ordinance and an injunction against its enforcement.

In a statement issued by e-mail, Rita Maguire, the company's legal and government-affairs adviser, said that Curis is compelled to protect its property rights.

"We think a better approach is to allow the pilot copper-recovery study to move forward, overseen by the Arizona Department of Environmental Quality and U.S. Environmental Protection Agency, so that the safety of this project can be demonstrated to the community," Maguire said.