Utah Kennecott Copper in court for expansion lawsuit

The first federal court hearing concerning the lawsuit lodged against Utah Kennecott Copper occurred earlier this month. A number of environmental groups filed the suit against the US mining company over allegations that it had violated the Clean Air Act through its expansion of mining operations.

According to the environmental groups, the expansion of the Kennecott mine dramatically increased the air pollution levels experienced in the state. The Utah Physicians for a Healthy Environment group claim that some 30 per cent of Salt Lake County's particulate pollution is caused by the mine.

The suit was originally filed in 2011 after the mine in west Salt Lake County underwent an expansion that, the environmental groups claim, required US Environmental Protection Agency (EPA) approval as it violated the Clean Air Act. This approval was not sought by the company, which responded by saying that, according to the law, the expansions required only state approval as the EPA delegate the decisions to the Utah Division of Air Quality.

Groups are demanding millions of dollars worth of penalties for the increase in air pollution, as well as for the mine to scale back its operations to reduce air pollution levels. They are alleging that the state approval concerning the increase in operations was invalid due to the lack of EPA approval.

Kennecott is arguing that it has always stayed within the 1994 state implementation plan, which places a limit on the amount of earth that can moved by an operation and was approved by the EPA. According to the company's legal representation, EPA approval is not required for expansions so long as companies function within the state limits. As such, receiving state approval is sufficient for the mine expansion, according to the firm.

Despite both sides of the suit requesting a quick judgement on the case, the judge has taken it under advisement in order to fully consider all arguments that were brought to the initial hearing.