Oklahoma Attorney General Gentner Drummond is asking a Rogers County judge to speed up evidence collection in his lawsuit against two companies planning an aluminum smelter in Inola, seeking emissions data before construction begins.
Drummond filed a motion Thursday, Oct. 22, asking the court to require Century Aluminum Company and Aluminum Oklahoma to respond to discovery requests without waiting for a ruling on their pending motion to dismiss.
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Key Takeaways
- Emissions data: Drummond wants records supporting the smelter’s emissions estimates.
- Court deadline: Approval would give the companies 30 days to produce records.
- Project details: Requests include engineering, financing, ownership and compliance records.
- Company response: Both companies oppose the motion.
Why Drummond Wants Emissions Data Now
Under state law, the companies’ 30-day deadline to respond to written discovery does not begin until they formally answer the lawsuit. That answer is not due until 20 days after the court rules on their motion to dismiss.
There is no scheduled date for that ruling.
“These companies told a federal judge that our case rests on speculation, yet they are the only ones holding the data that would show what this smelter will release into the air and onto the land around Inola,” Drummond said.
Inola Smelter Construction and Legal Timeline
The companies have indicated construction could begin by the end of 2026, depending on engineering work and a power supply agreement.
Inola has a heavy industrial construction moratorium through April 7, 2027, when voters will decide on a proposed aluminum smelting ban.
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Drummond sued in June over potential impacts on residents, livestock and natural resources. The companies removed the case to federal court, where they argued that the fluoride emissions in their own permit application are only a “theoretical maximum.” A federal court returned the case to Rogers County in September.
If the motion is granted, the companies will have 30 days to produce the data behind their emission estimates, along with information on the project’s engineering, ownership and financing and the companies’ compliance record at their other smelters.
FAQ
What is being announced?
A request to accelerate evidence collection in the Inola smelter lawsuit.
Where is the project?
Inola, Rogers County, Oklahoma.
Why does it matter?
The records could clarify potential emissions before construction.
What happens next?
A Rogers County judge must decide whether to grant the motion. No ruling date has been announced, and the project’s construction timeline remains uncertain.
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