The case returns to state court without resolving its merits or arguments raised by the Justice Department.
OKLAHOMA CITY — A federal judge has ordered Attorney General Gentner Drummond’s lawsuit over the proposed Inola aluminum smelter returned to Rogers County District Court.
U.S. District Judge Sara Hill ruled Thursday that the companies behind the project failed to establish federal jurisdiction. The lawsuit will continue in state court.
The 19-page order does not decide whether the smelter may proceed or whether Drummond’s allegations will prevail.
“This case belongs in Oklahoma state court under Oklahoma law,” Drummond said. “I will continue to fight for the people of Inola and for what is in the best interests of all Oklahomans.”
Justice Department arguments unresolved
The ruling came one week after the Justice Department filed a statement of interest supporting the smelter.
DOJ asked the federal court to dismiss or pause the lawsuit until the Oklahoma Department of Environmental Quality completes its permitting process. It also opposed Drummond’s request to block work on the project.
Hill did not address those issues. DOJ or the companies could ask the Rogers County court to consider the same arguments.
Drummond filed the lawsuit in June, alleging the proposed $4 billion smelter would threaten nearby residents, livestock and natural resources.
The Trump administration supports the project as an economic and national-security priority. The smelter also became a major issue in Drummond’s Republican runoff for governor against Mike Mazzei, who supported the project and received President Donald Trump’s endorsement. Mazzei defeated Drummond on Aug. 25.
