FOR IMMEDIATE RELEASE
Health Over Wealth Benson Files Lawsuit Challenging City of Benson’s Illegal Approval of Aluminum Casting Facility Project
Benson, Arizona- Health Over Wealth Benson, a local nonprofit dedicated to protecting community health and environmental safety, has filed a lawsuit in Cochise County Superior Court against the City of Benson and its Planning and Zoning Commission. 
The complaint seeks to overturn the City’s approval of a Conditional Use Permit (CUP) granted to Aluminum Dynamics, Inc. (a subsidiary of Steel Dynamics, Inc.) for construction of a large-scale aluminum casting facility on the southeast corner of Highway 80 and the 1-10 Business Loop. 

The complaint alleges that the City of Benson unlawfully approved the project by granting a conditional use permit where state law requires a height variance, which only the Board of Adjustment has authority to issue, as well as allowing Aluminum Dynamics to proceed without any proof of property ownership or authorization from the landowner, a violation of Benson’s own zoning code. 

If built, the facility would operate 24/7, produce hundreds of thousands of aluminum ingots per year, while generating significant amounts of air pollution, water consumption, noise, traffic, safety risks, and potentially even odor. Modeling included in the company’s Title V permit application shows that harmful pollutants such as nitrogen dioxide and fine particulate matter would spread miles beyond the project site. 

“This case is about enforcing the law and protecting our community,” says a spokesperson for Health Over Wealth Benson. “The city ignored zoning requirements and put our residents at risk by fast-tracking a heavy industrial facility right next to a delicate ecosystem, a mile from the schools, and across the street from a nursing home. Our lawsuit asks the court to void this illegal permit and stop construction before irreversible harm is done to Benson, the wonderful people that live here, and the beautiful San Pedro River.”

The lawsuit seeks a court order declaring the City’s permit void, halting all development on the site, and requiring the City of Benson to follow proper legal procedures.

You can donate to help Health Over Wealth with costs for legal aid here. 

About Health Over Wealth Benson
Health Over Wealth Benson is a nonprofit organization committed to protecting the health, safety, and future of Benson residents by advocating for responsible land use, clean air and water, and transparent local governance. 

ADEQ extended the public comment period til September 16!
ADEQ HAS STATED THAT PUBLIC COMMENTS MUST BE BASED ON FACTS AND LAW, NOT EMOTION.
Here are some real statutes and regulations that apply to the weak points in the Title V permit. 

CAA §112(d) - Requires Maximum Achievable Control Technology (MACT) for hazardous air pollutants (HAPs).
ARS §49-427(A) - Arizona incorporates federal HAP requirements.
ADI reports dioxin/furan emissions (2.82E-09 tpy) based only on EPA emission factors. Although baghouses are proposed, they capture particulate matter only.
They do not control gaseous toxics like dioxins, HF, or HCl. No
monitoring or additional control technology is proposed. The application acknowledges toxic emissions but fails to propose legally required controls.


ARS §49-480 - Permits must contain conditions that are practically enforceable.
AAC R18-2-306(A)(5) - All permit terms must be enforceable by ADEQ.
CAA §504(c) - Permits must include enforceable limitations and standards.
ADI relies on emission factor calculations rather than continuous monitoring or site-specific testing. A permit cannot be approved if compliance cannot be independently verified.


CAA §165(a) (4) - New major sources must apply BACT.
CAA §112(d) - HAPs must be subject to MACT.
AAC R18-2-406(H) - Arizona PSD permits must require BACT.
Baghouses are included for PM, but no Best Available Control
Technology (BACT) review for NOX, VOCs, or CO, and no MACT review for hazardous pollutants such as HCI, HF, or dioxins. The application omits the mandatory technology review for major pollutants and HAPs.


CAA §112(f) - Requires evaluation of residual risk from combined hazardous air pollutants.
ARS §49-427(A) - ADEQ must regulate HAPs to protect public health.
ADI modeled pollutants individually against thresholds but did not evaluate cumulative
exposure (combined risks from multiple pollutants).
The analysis is incomplete because real-world exposures occur simultaneously, not in isolation.


CAA §165(d) (2) (C) - Requires analysis of impacts on visibility in Class I areas.
AAC R18-2-406(I) - ADEQ must ensure no adverse impact to Class I areas.
ADI capped NOx and VOC emissions just below major source thresholds to avoid full PSD review.
They used AERMOD only, which is not sufficient for Class I area visibility or deposition analysis. No
CALPUFF modeling or comprehensive San Pedro Riparian
NCA evaluation was provided.
The San Pedro Riparian NCA was not given the required visibility and deposition protection review.


AAC R18-2-306 - Records must be sufficient for enforcement.
CAA §504(c) - Compliance must be verifiable and enforceable.
ADI proposes to calculate emissions monthly using throughput and emission factors, without continuous monitoring or independent verification.
Reliance on self-reported calculations leaves emissions unverifiable and unenforceable.


AAC R18-2-306.01 - Voluntary limits must be federally enforceable.
CAA PSD Program - Major sources cannot circumvent PSD by unenforceable caps.
ADI voluntarily limited NoX and vOC emissions both just under 100 tons year) to avoid stricter PSD review and controls. Without enforceable monitoring, these caps are not credible.
ADI's emission caps are a regulatory avoidance strategy, not a substitute for PSD compliance.


Public comments must be fact-based and grounded in law.
ADEQ cannot legally approve a permit that fails the Clean Air Act and Arizona enforceability requirements.
Your comment should cite these issues, not emotions.
Submit your comment before the deadline. Protect the San Pedro.
Protect Benson.

It's time to admit that ADEQ will not be our saviour. A massive aluminum facility wants to operate inner town, across from a nursing home and about a mile from the schools. The permit they submitted to the ADEQ includes permission to release tons of toxic air pollutants into the environment every single year. The ADEQ representative at the Benson informal meeting told us that they haven't denied a permit in the last 22 years. Let's see where that got them.

Every 15 years, the City of Benson's Water Designation is supposed to be reviewed by the Arizona Department of Water Resources. It's been 17 years, and it has yet to be reviewed. The Center for Biological Diversity, the San Pedro 100, and Robin Silver launched a lawsuit. ​

From Facebook:
"Hi all, Russ McSpadden here from the Center for Biological Diversity. We've put together a handy guides to our biggest issues with ADEQ's faulty draft air permit.