Oklahoma – Oklahoma Attorney General Gentner Drummond applauded a federal court’s decision to return his lawsuit over the proposed Inola aluminum smelter to Rogers County District Court, saying the case belongs in state court and that he will continue fighting the project on behalf of Inola residents and Oklahomans.
“I applaud the federal court’s decision today to send my lawsuit over the proposed Inola aluminum smelter back to Rogers County District Court,” Drummond said in a Sept. 3 statement. “This case belongs in Oklahoma state court under Oklahoma law. I will continue to fight for the people of Inola and for what is in the best interests of all Oklahomans.”
The ruling came as the proposed $4 billion aluminum smelter continued to face opposition from Drummond, local residents and other groups over concerns about the project’s potential environmental and community impacts.
Drummond originally filed the lawsuit in June in Rogers County District Court against Century Aluminum Company and Aluminum Oklahoma LLC, the entity behind the proposed Oklahoma Primary Aluminum facility. The state sought to stop construction and operation of the planned smelter, arguing that the project could create an anticipatory public nuisance and pose risks to public health, livestock, water and other natural resources.
The companies later moved the lawsuit from state court to federal court. Drummond challenged that move and sought to have the case returned to Rogers County.
U.S. District Judge Sara E. Hill ultimately granted Drummond’s request to remand the case to state court, finding that the companies had not established that the state-law claims raised a substantial federal question. The ruling did not decide whether Drummond’s environmental allegations were valid or whether the smelter should ultimately be built.
The decision came just days after the U.S. Department of Justice entered the dispute on the side of the proposed smelter.
In a statement filed Aug. 27, the Justice Department argued that the project was important to national and economic security because the United States relies heavily on foreign sources for primary aluminum. The DOJ said the proposed facility would help reduce that dependence and provide material needed for national defense.
The federal government said the proposed facility would be the first new primary aluminum smelter constructed in the United States in more than 40 years if completed. The DOJ also said the project would become the largest primary aluminum production facility in the country and more than double U.S. primary aluminum production.
The department pointed to the importance of aluminum in defense manufacturing, including aerospace systems, combat vehicles, naval systems, missiles and space programs. It also noted that the U.S. Department of Energy had awarded $500 million in support of the project.
The Justice Department argued that environmental concerns should be addressed through the federal Clean Air Act and Clean Water Act permitting processes rather than through Drummond’s lawsuit. It had asked the federal court to dismiss the attorney general’s case, arguing that construction had not yet begun and that Drummond’s claims were premature while the project continued through the permitting process.
KOSU reported that the project was still seeking an air-quality permit from the Oklahoma Department of Environmental Quality, with the permitting process awaiting additional information needed to demonstrate compliance with environmental requirements.
The dispute has created a sharp divide over the future of the Inola project.
Supporters, including the Trump administration and the companies developing the facility, have emphasized the project’s potential economic and national-security benefits. The Justice Department described domestic primary aluminum production as strategically important because of the material’s role in defense and infrastructure.
Opponents, including Drummond and residents near the proposed site, have raised concerns about pollution, water use, emissions and potential effects on nearby farms, livestock and communities. Drummond’s lawsuit argues that the potential harms should be addressed before construction moves forward.
Per reports, the proposed facility is expected to produce approximately 750,000 metric tons of aluminum annually, which would roughly double the nation’s primary aluminum output. The project is being developed by Oklahoma Primary Aluminum, a joint venture involving U.S.-based Century Aluminum and Emirates Global Aluminium.
The case returning to Rogers County does not mean the legal battle is over. Instead, it moves Drummond’s state-law claims back into the Oklahoma court system, where the attorney general will continue his effort to halt the proposed smelter.
Drummond has repeatedly maintained that his opposition is focused on protecting Inola residents and Oklahoma’s natural resources. In a separate statement the day before the court ruling, he criticized federal involvement in the dispute and said Washington continued to fight rural communities over what is best for their cities and towns.
“Rest assured for Oklahomans, I will continue to stand with them against this proposed aluminum smelter,” Drummond said Sept. 2. “It’s the right thing to do for Inola and the future of our great state.”
With the case now back in Rogers County District Court, the legal fight over the proposed Inola aluminum smelter is set to continue at the state level, even as the project’s supporters continue arguing that the facility is critical to rebuilding domestic aluminum production and strengthening U.S. national security.
AG Drummond reacts to court’s decision in connection with his lawsuit over proposed Inola aluminum smelter, says ‘This case belongs in Oklahoma state court under Oklahoma law’
