Health Over Wealth Sues City of Benson & Aluminum Dynamics, Inc

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.