Arizona BLM: Faces Mining Owl ESA Lawsuit Over Drilling Approval

• A lawsuit challenges the Bureau of Land Management's approval of expanded exploratory copper drilling in southern Arizona.
• The Center for Biological Diversity and the San Carlos Apache Tribe allege federal agencies ignored impacts on Mexican spotted owls and other protected species.
• Plaintiffs contend the Bureau of Land Management failed to consult with the San Carlos Apache Tribe and overlooked photo evidence of owls in the project area.
• Opponents assert the project threatens ancestral lands, groundwater, and critical habitat for endangered species.
• The lawsuit seeks to halt drilling until a thorough environmental review compliant with the Endangered Species Act is completed.

The Endangered Species Act requires federal agencies to follow the best available science and protect threatened wildlife before any damage occurs.

A new federal lawsuit, filed in Tucson, is challenging the Bureau of Land Management's (BLM) approval of expanded exploratory drilling for a copper mine in southern Arizona. The Center for Biological Diversity (CBD) and the San Carlos Apache Tribe initiated the legal action, alleging that the Trump administration disregarded potential impacts on the Mexican spotted owl and at least five other threatened or endangered species. The lawsuit specifically targets the operations of Canadian-owned Faraday Copper, which has been conducting exploratory drilling in the Copper Creek area since 2022.

The project is situated along two miles of Copper Creek, a tributary of the Lower San Pedro River near Mammoth, Arizona. Plaintiffs are seeking a court order to halt all exploratory drilling until the BLM and the U.S. Fish and Wildlife Service (USFWS) conduct a comprehensive evaluation of the project's threats to wildlife, ensuring full compliance with the Endangered Species Act (ESA). This Arizona mining owl ESA lawsuit BLM highlights significant concerns regarding environmental oversight and species protection in resource extraction projects.

In June 2025, the BLM released its final environmental assessment (EA), which approved further exploratory drilling and concluded that the project would have no significant impact on either the Mexican spotted owl or the yellow-billed cuckoo. However, the CBD contends that this conclusion is erroneous, asserting that federal officials were aware of Mexican spotted owls within the project's approximately 65-square-kilometer area and that photo evidence was submitted to support this claim. Despite this, the agency proceeded to approve industrial drilling across more than 1,300 acres of public lands.

Opponents of the Faraday Copper project emphasize that the proposed drilling operations pose severe threats to both the environment and the ancestral lands of the San Carlos Apache Tribe. The project encompasses industrial drilling at 67 distinct sites, generating bright lights, noise from heavy equipment and truck traffic, and causing surface disturbances. These activities are predicted to disrupt the breeding, hunting, and roosting behaviors of owls in the region.

Furthermore, the project is projected to withdraw a minimum of 70,000 gallons of water per drill rig each month, raising significant concerns about groundwater degradation. Critics argue that this extensive water usage will lead to alarming rates of groundwater decline, resulting in habitat loss and land subsidence downstream. The BLM's own environmental assessment acknowledges that groundwater declines are the "primary driver of declines of riparian species," yet it also states that the assessment did not evaluate the effects of groundwater pumping on the yellow-billed cuckoo.

San Carlos Apache Tribe Chairman Terry Rambler underscored the profound cultural significance of the area, stating that Copper Creek Canyon and the broader Galiuro Mountains constitute a vital part of the Apache people's ancestral territory. He noted that the tribe has advocated for decades for the protection of the yellow-billed cuckoo and other species within the Lower San Pedro Watershed. Despite the project not being located directly on the reservation, the tribe sent numerous letters requesting consultation and explaining the historic and cultural importance of the entire Galiuro mountain range to various historic Apache bands, but these requests were reportedly ignored by the BLM.

The lawsuit critically examines the federal agencies' adherence to environmental regulations, particularly the Endangered Species Act Arizona. Russ McSpadden, Southwest conservation advocate at the Center for Biological Diversity, highlighted that the ESA mandates federal agencies to utilize the best available science and safeguard threatened wildlife before any damage occurs. He stated that the lawsuit aims to halt the drilling and ensure these imperiled owls receive the legal protections they are due.

In its final decision, the BLM relied on a Biological Evaluation prepared by a third-party consulting company, which concluded that the project "may affect, but is not likely to adversely affect," the threatened yellow-billed cuckoo. Based on this finding, the agency engaged in an informal consultation process for the cuckoo. However, the BLM did not conduct any consultation for the Mexican spotted owl, asserting that no owls were present in the project area, a claim directly contradicted by the CBD's submitted photo evidence.

This challenge to the BLM environmental assessment underscores the legal risks for resource extraction projects, such as Faraday Copper exploratory drilling, in areas with protected species or tribal interests. The case emphasizes the critical need for robust Endangered Species Act compliance and thorough tribal consultation during environmental assessments to prevent litigation and potential project delays, especially concerning species like the Mexican spotted owl.

This case highlights the legal risks for resource extraction projects (e.g., mining) in areas with protected species or tribal interests, underscoring the need for robust Endangered Species Act compliance and thorough tribal consultation during environmental assessments to avoid litigation and project delays.

Source: Original reporting via Courthouse News