Final brief submitted to Arizona Superior Court
Admin2023-08-16T01:40:15+00:00June 29, 2023
The final written brief has been submitted in the Arizona civil case over SunZia Transmission Project’s permit.
On June 22nd, 2023, attorneys for citizen-plaintiff Peter Else filed in Arizona Superior Court their final written reply brief relating to the SunZia Transmission Project’s amended Certificate of Environmental Compatibility (CEC).
Plaintiff Else argues that SunZia’s original CEC, approved by the Arizona Corporation Commission (ACC) in 2016, was for a package deal that included benefits to Arizona that can no longer be assured. The amended CEC split the original project into two separate projects, which Else argues must now be reviewed independently. The ACC has statutory responsibilities to safeguard both Arizona’s electrical supply and Arizona’s most ecologically sensitive lands when it reviews a transmission proposal.
The brief asks that SunZia’s amended CEC be vacated and remanded to the ACC with instructions as to the applicable legal standards. The next step in the case is expected to be the scheduling of oral argument.
Plaintiff Else stated, “This case is significant. The federal government has fast-tracked the amendment process for this interstate transmission proposal, but Arizona statutes require the ACC to protect energy and environmental interests in this state.”
“My legal actions are being supported by other volunteers. These actions go beyond the simplistic notion that just because a major corporation is aligned with the politics of the current federal administration on a proposal that has a lot of megawatts and money involved, they must be on the right track for addressing climate change. Simplistic solutions often have unintended consequences. We want the ACC to consider those consequences for each of the two proposed lines.”