AG’s Inola aluminum smelter lawsuit sent back to an Oklahoma district court

OKLAHOMA CITY — A federal judge on Thursday granted Oklahoma Attorney General Gentner Drummond’s request to have a lawsuit seeking to halt construction of a $4 billion aluminum smelter in Inola be heard at the state level. 

The order from U.S. District Court for the Northern District of Oklahoma Judge Sara Hill remands the case back to Rogers County because it lacks substantial federal jurisdiction, according to a news release. The federal court’s order is final and cannot be appealed, according to the release. 

In the last week, the smelter’s ownership group also announced a new environmental plan that would significantly reduce the fluoride emissions from the Inola project and the U.S. Department of Justice weighed in by filing a statement in support of the smelter. 

“This case belongs in Oklahoma state court under Oklahoma law,” Drummond said in a statement. “I will continue to fight for the people of Inola and for what is in the best interests of all Oklahomans.”

Oklahoma AG sues to stop construction of Trump-endorsed aluminum smelter in Inola

Drummond initially sued in Rogers County District Court in June to halt the smelter, dubbed the Oklahoma Primary Aluminum, which is expected to double the country’s aluminum production and is a major priority of President Donald Trump. The Republican attorney general cited concerns of severe pollution and the project’s foreign ownership. 

While 40% of the project is owned by Century Aluminum Company, which is based in Chicago, the majority is owned by the Dubai-based Emirates Global Aluminum.

Oklahoma officials, including Gov. Kevin Stitt and the leaders of the House and Senate, have thrown their support behind the project. Hundreds of millions of public dollars have been directed toward the project, including a $500 million federal grant, a $255 million incentive package from Oklahoma and the creation of a tax-increment-financing district by the City of Inola.

After intense resident pushback, the town of Inola issued a moratorium on the project that expired last week. 

The ownership group’s updated environmental plan, submitted Thursday, would reduce the permitted fluoride emissions by 37% from its original proposal to the Oklahoma Department of Environmental Quality, according to a news release. 

“Our fluoride emissions limit per ton of metal produced will be much lower than any other primary aluminum plant in the U.S.,” said Ziad Fares, lead for the project development team, in a statement. “This ground-breaking submission is not the end of this process. We will work closely with ODEQ to provide the data and information needed to demonstrate that these emissions can be safely managed to protect the people, animals and environment around us. As a responsible operator, we welcome this comprehensive review and look forward to continued engagement with the community every step of the way.”

The U.S. Department of Justice on Friday had also filed in support of Oklahoma Primary Aluminum, calling Drummond’s lawsuit premature. The smelter advances national and economic security by reducing reliance on foreign countries, according to a news release. 

The DOJ had asked the federal court to dismiss the lawsuit. 

“A delay in construction would place the United States at risk of foreign reliance and severely limits our ability to produce the armor, aircraft, and munitions required for national defense,” according to the DOJ’s news release.