Also, "since that time, there have been meetings, including field trips, formal consultation meetings and presentations to tribal councils and other tribal groups, on over 25 occasions with various tribes. EPA and the Corps participated in at least some of those meetings, along with one or more of your clients, who expressed concerns about a variety of issues," Quast said.

"We also understand that the Corps met with your clients and their attorneys last August and September, including at the proposed mine site, to hear their perspectives and concerns," she said.

Gillespie, however, said Tuesday that despite the past meetings, he believes it's now important for tribal leaders to meet with EPA, since that agency has taken a different view of Rosemont impacts than has the Corps and other agencies. His hope was that the tribes could persuade EPA officials to reverse the decision not to elevate this case, Gillespie said.

For instance, "from what I can tell," the Corps likely won't analyze the effects of Rosemont's lowering of the water table to create the mine's open pit on seeps, springs, and on creeks and washes.

"That difference in the scope of analysis between the agencies has huge implications not just under the Clean Water Act but for cultural resources," he said.