Per the prior updates, the federal case that was initiated with a request for a temporary restraining order, was dismissed in a the Tucson Federal court. It is now in the 9th Circuit Court of Appeals, San Francisco.

The case filed by plaintiff Peter Else was also recently dismissed in a Tucson appeals court.

There remains an active complaint with the ACC in which Peter Else, the Tohono O’odham Nation, San Carlos Apache, Center for Biological Diversity, and Archaeology Southwest are Complainants.

The letter filed by 13 Arizona State legislators with the Arizona Corporation Commission continues to move through the ACC. Another was recently sent to US Fish & Wildlife Service (USFWS) and the Bureau of Land Management (BLM) from Cascabel Conservation Association and the Center for Biological Diversity to address the construction and helicopter disturbance that is currently happening during nesting season.

The dismissal of two court cases terribly disappointing. It is clear that the courts heavily favor the BLM, corporations, financial gain. Nothing new. Yet the fight continues, with other avenues explored.