ADEQ Neglect: Documented Shortcomings and Legal Challenges

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.

ADEQ Neglect: Documented Shortcomings and Legal Challenges


Queen Creek, Arizona (2023)
ADEQ failed to submit the federally required water pollution cleanup plans (TMDLs) for copper and lead in Queen Creek, leading to a a lawsuit being filed, which led to a proposed consent decree. 
If ADEQ misses critical deadlines, waterways stay polluted for longer, which is something that could be absolutely devastating to our beautiful San Pedro Riparian. The proposed ADI facility site is less than 1/10th of a mile from the river. 

San Pedro River (2006)
ADEQ has already transgressed against the San Pedro, and for some reason we’re supposed to entrust that they won’t do it again? In 2006, CBD and other environmental groups sued ADEQ for stonewalling and failure to provide promised notice and hearings related to projects affecting the river. This shows us that ADEQ is known for poor public engagement and handling of the permit review process near such a fragile riparian area. 

Hayden (continuing oversight)
The EPA had to step in and take action when ADEQ missed deadlines to address high sulfur dioxide and lead pollution in Hayden, directly violating obligations of the Clean Air Act. ADEQ’s delay meant that federal action had to be taken. EPA has designated it as a “non-attainment area”. ADEQ submitted a State Implementation Plan (SIP) in 2017, but EPA found the area still had not attained standards by statutory deadlines.
This behavior of failing to meet air-quality planning and reporting obligations is absolutely a direct threat to Benson while we await the approval of ADI’s Title V permit request. What good is an industrial permit if it is not enforced?


Patagonia (2025)
Environmental groups near Patagonia challenged an air quality permit approved for Hermosa mine, publicly criticizing ADEQ for not strengthening permits and addressing deficiencies on proposed mining projects. The EPA declined to respond to their petition to object within the 60 days required. These groups have had to escalate their concerns federally, by suing the EPA and pointing to the ADEQ’s role. Relying on the EPA to step in after ADEQ has already approved risky projects with no community safeguards is NOT a burden that should be placed on our small rural community. 

Sweat V. Hull (2001) 
Residents of Arizona sued then-Governor Jane Hull and ADEQ director Jacqueline Schafer after Arizona repealed the Random On Road testing Program, which was a part of the state’s federally approved air quality plan. Plaintiffs argued that once an air quality plan is approved by the EPA, it remains enforceable unless a revision is approved, even if repealed by state law. The court agreed, and ADEQ was on the hook for failing to enforce a state implementation plan that was federally binding, blatantly disregarding Clean Air Act requirements. 


Sources
Federal Register — Proposed Consent Decree re: Queen Creek TMDL.
https://www.federalregister.gov/documents/2023/10/20/2023-23239/proposed-consent-decree-clean-water-act-claim 

Center for Biological Diversity — San Pedro litigation and press materials.   
https://www.biologicaldiversity.org/news/press_releases/san-pedro2-20-2006.html? 

https://biologicaldiversity.org/programs/public_lands/mining/pdfs/Queen-Creek-signed-consent-decree.pdf?

Local reporting on ADEQ criticisms around mining permits (Tucson / Patagonia coverage).  
https://www.kold.com/2025/01/25/local-environmental-groups-sue-epa-over-permits-proposed-project-patagonia-mountains/?

ADEQ internal/legal notices and Hayden SO₂ documentation.   
https://static.azdeq.gov/legal/comment_epa_haydenso2.pdf?
https://www.federalregister.gov/documents/2001/06/25/01-15883/proposed-settlement-agreement-clean-air-act-citizen-suit?

Historical court cases and EPA-ADEQ consent decrees.
https://law.justia.com/cases/federal/district-courts/FSupp2/200/1162/2422129/?

https://www.epa.gov/sites/default/files/2017-11/documents/section_9_lease_aum_babbitt_ranches_aoc.pdf