The appeals court ruled in favor of the ADEQ and Rosemont on how a range of technical factors was used to calculate whether the mine would violate air quality standards. Superior Court Judge Crane McClennen, in agreeing with a long list of arguments presented by a group opposed to the mine, had ruled that the ADEQ’s action in granting the permit to Rosemont Copper was “contrary to law.”

The appeals panel, including Presiding Judge Diane Johnsen, disagreed point by point.

The lawsuit was filed in 2014 by Save the Santa Ritas, a coalition of community and environmental groups that oppose the mine.

“We’re pleased at the court decision. ADEQ issues permits that are both protective of human health and the environment,” said Timothy Franquist, ADEQ’s air quality division director. “We believe that Rosemont met that ultimate goal and we’re pleased to issue the permit.”

Save the Scenic Santa Ritas, maintaining Rosemont officials “cooked the books” on its air pollution modeling to obtain the permit, said Tuesday that it will carefully examine whether to appeal the ruling to the Arizona Supreme Court. The group also unsuccessfully challenged ADEQ’s aquifer protection permit for the mine in court.