(1) Did the Arizona Supreme Court err by determining that 40 C.F.R § 122.29(b)'s new source analysis is satisfied by merely finding a "material connection" between a newly constructed source of polluted discharge and an existing source rather than considering whether the new source operationally depends on the existing source?

(2) Did the Arizona Supreme Court err by determining that new source performance standards for copper mines in 40 C.F.R. § 440.104 do not "independently apply" to Resolution's new mine?

Did the Arizona Supreme Court err in its interpretation of new source performance standards for copper mine discharge permits by using a 'material connection' test instead of analyzing operational independence?