Arizona Judge Blocks Farm Coalition from Joining Fondomonte Lawsuit

Arizona Court Decision Limits Involvement in Key Groundwater Lawsuit

An Arizona judge has recently made a significant ruling involving a lawsuit against Fondomonte, a Saudi Arabian-backed farming enterprise. This decision prevents a coalition of local farms and municipalities from joining the legal proceedings initiated by the state.

The legal action, led by Arizona Attorney General Kris Mayes, targets Fondomonte in Maricopa County Superior Court, alleging that the company’s groundwater extraction practices constitute a “public nuisance” (read more).

Fondomonte has utilized Arizona’s groundwater resources for over ten years to cultivate alfalfa, which is subsequently exported to feed cattle. Concerned about the broader implications of the lawsuit, a group of farmers and stakeholders sought to intervene in the case (learn more).

Representing the coalition, attorney Brady Pew expressed worries that a successful outcome for Mayes could trigger a series of similar lawsuits against other agricultural operations. “The court should consider the political and practical realities of this case. It’s an open attempt to change Arizona law with respect to groundwater, and other cases are going to be filed if this case is successful. And it’s not just the AG we’re concerned about — it’s others that might bring private nuisance claims or public nuisance claims,” Pew stated during Tuesday’s oral arguments.

However, the Attorney General’s legal team maintained that the legal action specifically targets Fondomonte’s practices.

Judge John Blanchard, in his ruling, recognized the case’s role as a potential precedent for groundwater regulation enforcement but dismissed the coalition’s “generalized concern” over potential future lawsuits as insufficient for intervention. “Movants do not bring distinct factual issues or non-redundant legal arguments. Their participation would unnecessarily multiply the parties and risk delay without contributing to the just and efficient adjudication of the issues,” Blanchard wrote.