By Daniela Julio-Cano, FOX23.com News Staff
INOLA, Okla. — The legal fight over a proposed aluminum smelter in Inola is entering a new phase after Oklahoma Attorney General Gentner Drummond filed a motion asking a federal judge to temporarily block construction of the project.
The preliminary injunction is part of Drummond’s broader lawsuit challenging the proposed Oklahoma Primary Aluminum facility.
Drummond is asking the federal court to prevent construction while the lawsuit plays out.
“I want the judge to say stop, do not construct, until you have proven, by your own data, you are not going to destroy Southern Rogers County,” Drummond said.
The motion includes a declaration from an environmental expert who reviewed information contained in the smelter’s application.
Drummond says the filing raises concerns about the amount of pollution the facility could produce, including projected emissions of carbon monoxide, nitrogen oxide, particulate matter and fluoride.
He also points to concerns involving wastewater, industrial waste and the potential impact on agriculture and livestock in the surrounding area.
Some residents who live near the proposed project say they support Drummond’s request for a pause.
Christine Roam, an Inola resident who has been vocal about the project, said residents want the opportunity to better understand its potential impacts before construction begins.
“We need this project to be completely vetted before we proceed with it, so I think it’s excellent,” Rome said.
Roam said residents have concerns about the project’s potential environmental impact on the rural community, which relies heavily on agriculture, livestock and farming.
“We need to understand the impacts on our community. We need to understand the ownership,” Rome said.
She also mentioned residents have raised questions about who owns the project and what bringing the facility to Oklahoma could mean for the community.
Beth Richards, another Inola resident and member of the Inola Community Accountability Review and Engagement, or ICARE, committee, says the community needs more time and expertise to examine the project’s documentation.
“We are not over-exaggerating this,” Richards said. “And it takes some really smart people to look at these numbers and interpret what these thousands of pages of DEQ documentation and looking at stakeholders behind companies and their dealings.”
Richards said the community is trying to ensure concerns raised by residents are fully investigated before the project moves forward.
The timing of Drummond’s request is tied in part to a construction moratorium approved by the Town of Inola.
Drummond’s office says the moratorium expires August 28, and Drummond has said he wants the federal judge to rule on his request before then.
However, Richards and Roam say they understand the moratorium differently.
The residents say the town approved the moratorium June 29, but it did not take effect until after a 30-day waiting period. Under that interpretation, they believe it would remain in effect through the end of September.
The difference in dates has not changed Drummond’s request for the federal court to act.
The moratorium was approved as town officials and residents considered how the city’s rules and regulations apply to a project of this size. The town previously received significant public input from residents concerned about the proposed facility.
The Oklahoma Department of Environmental Quality is also involved in the project’s permitting process.
DEQ requested additional information from Oklahoma Primary Aluminum on July 2.
The agency says the company has submitted some of that information, but DEQ is still waiting for additional materials.
DEQ’s role is to review permit applications under applicable environmental laws, regulations and standards.
Full Statement from the Oklahoma Department of Environmental Quality:
“The Oklahoma Department of Environmental Quality is required to follow permitting timelines established by state law and administrative rules. The permitting process is inherently iterative, and it is common for DEQ to request additional information from an applicant, when necessary, to complete the agency’s review. When DEQ requests additional information, the applicable review period is tolled in accordance with DEQ regulations while the agency awaits the applicant’s response. On July 2, 2026, DEQ requested additional information from Oklahoma Primary Aluminum. The company has submitted some of the requested information. DEQ is currently awaiting the remaining information.”
Drummond has pointed to the status of the DEQ review as part of his argument that the project should not move forward before the environmental review is complete.
The preliminary injunction is separate from DEQ’s permitting process. The federal judge is being asked to decide whether construction should be temporarily blocked while the legal challenge proceeds.
Supporters of the proposed smelter say the project would bring major economic benefits to Oklahoma and strengthen domestic aluminum production.
The Oklahoma Department of Commerce referred us to a statement it first issued following Drummond’s original lawsuit in June.
Commerce says the facility would create 1,000 direct jobs for Oklahomans, support more than 3,300 downstream jobs and generate an estimated $26.3 billion GDP impact.
The department also says the project is important to national defense because it would reduce reliance on aluminum imports and strengthen domestic supply chains.
Commerce says the facility is expected to comply with and exceed applicable state and federal environmental laws, regulations and standards.
Full Statement from the Oklahoma Department of Commerce:
“The aluminum facility in Inola is the largest single-project investment in Oklahoma history. It will create 1,000 direct jobs for Oklahomans, support more than 3,300 downstream jobs and generate an estimated $26.3 billion GDP impact. It is crucial for national defense because it reduces reliance on imports from foreign countries such as China by strengthening domestic supply chains and onshoring critical mineral manufacturing here in Oklahoma. As with every project, the facility must comply with and is expected to exceed all applicable state and federal environmental laws, regulations and standards. We fully support this investment and the generational economic impact it will have on Oklahoma.”
We also reached out to the governor’s office for a response to Drummond’s latest filing.
A spokesperson for Gov. Kevin Stitt said:
“It’s disappointing that every move from the state attorney general has been tied to election timelines, starting with his first move to stop the project after losing Trump’s endorsement.”
