A ruling expected yesterday allowing construction of the Large Binocular Telescope to begin again on Mount Graham has been delayed in the ongoing battle between the UA and environmental groups.

On May 31, U.S. District Judge Alfredo Marquez lifted a two-year-old injunction that banned construction of the telescope. However, Marquez granted a 10-day stay of the order to allow opponents time to appeal.

A three-judge motion panel from the 9th U.S. Circuit Court of Appeals told both parties it will conduct a phone discussion today with lawyers, said Michael Cusanovich, UA vice president for research and graduate studies.

"They could make a decision right away, or they can take the issue under advisement," said Cusanovich.

If the ruling comes back favorably for the UA, then construction can continue on Mount Graham, Cusanovich said. He said that if the ruling is not in the UA's favor, then the litigation will continue.