Declines to specify what other options might be.
The appeal will go to the 9th Circuit Court of Appeals.
The mine's most significant early construction work could start in July if opponents can't stop it in court.
Hudbay Minerals says it is investing in projects such as building a water line and a power line this year for the mine.
The deal apparently voids the South Korean commitment to purchase 30 percent of Rosemont's copper concentrate.
Rosemont's fifth mitigation plan would try to restore a stretch of Sonoita Creek south of the mine site that's been heavily altered by people.
Water dominates the list of concerns laid out by the suit filed by four environmental groups.
This Q&A with company officials covers Rosemont environmental, business, transportation issues.
But stock prices jumped for Rosemont Copper's parent company.
Toronto-based HudBay Minerals Inc. says it will make a bid worth nearly $500 million for all of the shares of Augusta Resource Corp., which is…