By Cara Miller

Arizona Daily Wildcat

A court of appeals denied a motion yesterday by the UA to reverse a district court ruling preventing further construction on the Mt. Graham telescope project.

The 9th Circuit Court of Appeals denied the motion, stating that further delay would not irreperably harm the project. However, the court did agree to speed up the court dates that would decide the fate of the project.

University of Arizona Research Vice President Michael Cusanovich said his interpretation of the decision was positive.

"It was different from a flat denial," he said.

Construction on the third and final telescope was halted in July by a U.S. District Court Judge until further research could be completed assessing the environmental impacts of the project. Two telescopes have been completed on the 8.6 acre observatory.

Judge Alfredo Marquez ruled that the construction of the Large Binocular Telescope violated the Endangered Species Act and the National Environmental Policy Act.

Marquez stated that there were risks of irreparable injury to the endangered red squirrels which live on the site.

The 9th Circuit Court of Appeals in San Francisco heard 15 minute arguments by the UA and the Mount Graham Coalition yesterday.

Anne Carl, program coordinator for the Student Environmental Action Coalition, said she was pleased with the decision.

"We see any kind of delay as being really positive, and we will stick with it until the very end," Carl said. Read Next Article