The San Pedro River is in danger

Following the recent Arizona Superior Court decision to affirm the Arizona Corporation Commission’s November 2022 decision in favor of SunZia Transmission Project’s amendments — an Appeal has been filed on behalf of the Plaintiff Peter Else. The Arizona Superior Court judgement was formally issued on September 22, 2023, and the Appeal was filed less than four days later.

We remain committed, and continue to raise funds to support the legal effort. Please continue to share our fight with your communities. We and the San Pedro thank you so much for all of your support thus far!

On August 29, 2023, Maricopa Superior Court Judge Melissa Iyer Julian affirmed the Arizona Corporation Commission’s November 2022 decision to grant the SunZia Transmission Project amendments to their 2016 Certificate of Environmental Compatibility. The full ruling is presented here.

Statement by the plaintiff, Peter Else:

“I am understandably disappointed with the judge’s decision and respectfully disagree with it. I carefully reviewed the nine-page decision with my attorneys. While we understand the court’s desire to grant deference to the Corporation Commission, we strongly believe that deference has limits and that here, by failing to address the changed nature of the project, the Corporation Commission exceeded those limits. Deference should not result in passively allowing a private corporation to suddenly shift from repeatedly assuring multiple grid benefits to establishing a vertical monopoly that offers none of those benefits for Arizona. Accordingly, I intend to appeal.

Because of the unacceptable and avoidable impacts on the ecology of Arizona—Impacts which are not offset by any grid benefits to the citizens of this state—I will continue to oppose this effort to ship New Mexico wind energy to the high-priced electricity markets in California through the pristine San Pedro River Valley.

Also, I disagree with those who believe that poorly planned projects like SunZia should now be used as the pretext for granting the federal government even greater authority to sidestep legitimate state and local concerns over federal power line siting decisions. In addition to my legal effort with the Tully Bailey law firm at the state permit level, I will be communicating with interested media outlets about good and bad models for interstate transmission planning at the federal level.”

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Our fight is not over and we intend to continue to raise money for this prolonged legal endeavor. Please continue sharing with your contacts and donating. We remain grateful for and humbled by your support of the San Pedro River Valley.

On Friday, August 22, 2023, the Arizona Superior Court judge heard testimony from the legal team representing the Arizona Corporation Commission and SunZia, and from the legal team representing Peter Else and Mr. Else. We anticipate a decision by the close of this week.