Drummond seeks emissions data from Inola smelter companies before construction starts

OKLAHOMA CITY (Oct. 22, 2026) – Attorney General Gentner Drummond today asked a Rogers County judge to let the State begin gathering evidence now from Century Aluminum Company and Aluminum Oklahoma, the companies behind the proposed Inola aluminum smelter, rather than wait until after the court rules on their motion to dismiss.

Under state law, a defendant’s 30-day deadline to respond to written discovery does not begin to run until the defendant files a formal answer to the lawsuit. The companies do not have to answer until 20 days after the court rules on their pending motion to dismiss, and there is no set date for that ruling. Today’s filing asks the court to start the 30-day clock now.

The companies have told shareholders they expect to begin construction once engineering and a power supply agreement are complete, and, as recently as this year, said that could happen by the end of 2026. The Town of Inola has a moratorium on heavy industrial construction in place through April 7, 2027, when voters will decide on a proposed ban on aluminum smelting within the town. The motion notes that Aluminum Oklahoma, which does business as Oklahoma Primary Aluminum, has threatened to sue the town over the moratorium.

“These companies told a federal judge that our case rests on speculation, yet they are the only ones holding the data that would show what this smelter will release into the air and onto the land around Inola,” Drummond said. “Oklahomans deserve those answers before the bulldozers arrive, not after.”

Drummond sued in June to stop the smelter from being built, seeking to protect the health of area residents, livestock and natural resources. The companies removed the case to federal court, where they argued that the fluoride emissions in their own permit application are only a “theoretical maximum.” The federal court sent the case back to Rogers County in September.

If the motion is granted, the companies will have 30 days to produce the data behind their emission estimates, along with information on the project’s engineering, ownership and financing and the companies’ compliance record at their other smelters. The companies oppose the motion.