Press release from CNW Group
Superior Court of Arizona Grants Motion to Dismiss Lawsuit
Friday, April 19, 2013
Superior Court of Arizona Grants Motion to Dismiss Lawsuit08:30 EDT Friday, April 19, 2013
VANCOUVER, April 19, 2013 /CNW/ - Curis Resources Ltd. (TSX: CUV) ("Curis" or the "Company") announces the dismissal of a lawsuit brought forward by certain parties against Curis and the Arizona Department of Environmental Quality (ADEQ) challenging the validity of regulations governing individual Aquifer Protection Permits ("APPs"). The ruling, authored by Judge Arthur T. Anderson of the Maricopa County Superior Court in Arizona, dismisses the case with prejudice, effectively acting as a judgment on the merits in favor of Curis and ADEQ.
"We are pleased with the decision to dismiss what we believe to be a frivolous and ill-advised lawsuit brought forward on very questionable grounds," commented Rita Maguire, Senior Legal and Government Affairs Advisor to the CEO and Board of Directors of Curis. "The review process for the permit for Phase 1 operations of the Florence Copper project is both exhaustive and inclusive. The APP regulations ensure the safety of the public and the environment, and guarantee public involvement in the permitting process."
"The dismissal validates the authority and integrity of the environmental review process for Aquifer Protection Permits in Arizona," stated Dan Johnson, Vice President, Environment and Technical Services and General Manager with Curis in Arizona. "Both ADEQ and the United States Environmental Protection Agency have extensive experience in protecting groundwater through the permitting process, and Curis will continue to work with both agencies to ensure the safety of the project."
"We see this decision as another strong vote of confidence in the governmental permitting processes which ensure the safety of the Florence Copper project," commented Michael McPhie, President and CEO of Curis. "We look forward to continuing a respectful and meaningful dialogue around a project that will contribute to the quality of life of the citizens of Florence, Pinal County and the State of Arizona."
The lawsuit against ADEQ was filed by Southwest Value Partners Inc. of San Diego, California, Johnson Utilities Inc. of Queen Creek, Arizona, and other plaintiffs, who sought to prevent ADEQ from issuing an APP to Curis for the project. The lawsuit alleged that ADEQ exceeded its statutory authority by creating a rule governing individual aquifer protection permits of limited duration, known as Temporary APPs. Curis joined the lawsuit and filed a motion to dismiss with prejudice on the grounds that state law granted ADEQ the authority to create the regulation. The court agreed with Curis, finding that the regulation governing Temporary APPs "constitutes a valid exercise of ADEQ's rulemaking authority." The dismissal with prejudice will prevent the plaintiffs from challenging the validity of the Temporary APP program in any administrative appeal of the Curis permit.
Curis Resources Ltd. is a mineral development company associated with Hunter Dickinson Inc., a diversified global mining company with a 25-year history of mineral development success. Curis is focused on the acquisition, development and operation of high-quality next-generation copper properties in progressive jurisdictions around the world. It is currently focused on advancing its 100% owned Florence Copper Project in Arizona, USA to near-term production.
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No regulatory authority has approved or disapproved of the information contained in this news release.
This release includes certain statements that may be deemed "forward-looking statements". All statements in this release, other than statements of historical facts, that address exploration drilling, exploitation activities and events or developments that the company expects are forward-looking statements. Although the Company believes the expectations expressed in such forward-looking statements are based on reasonable assumptions, such statements are not guarantees of future performance and actual results or developments may differ materially from those in the forward-looking statements. Factors that could cause actual results to differ materially from those in forward-looking statements include fluctuations in market prices, exploitation and exploration successes, continuity of mineralization, uncertainties related to the ability to obtain necessary environmental, land use and other permits, approvals, licenses and title on a timely basis and delays due to third party opposition, changes in government policies regarding mining and natural resource exploration and exploitation, the final outcome of any lawsuits, the continued availability of capital and financing, and general economic, market or business conditions. Investors are cautioned that any such statements are not guarantees of future performance and actual results or developments may differ materially from those projected in the forward-looking statements. For more information on the Company, investors should review the Company's continuous disclosure filings that are available at www.sedar.com.
SOURCE: Curis Resources Ltd.
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