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.

June 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.”

June 6, 2023

The Bureau of Land Management (BLM) issued a Record of Decision regarding SunZia. This may appear SunZia’s final approval, but not so. The BLM still needs to issue a Notice to Proceed, which is dependent on ALL agreements with state governments, local governments, and private parties being in place. Intervenor Peter Else’s legal challenge of the Arizona Corporation Commission’s November 2022 approval of SunZia is still in full motion.

May 12, 2023

Attorneys for citizen-plaintiff Peter Else filed in Arizona Superior Court an Opening Brief. This brief gives an excellent narrative of the history of the state process, as well as why the ACC was wrong in approving SunZia’s permits.

April 5, 2023

Partnered with the Center for Biological Diversity, local conservation groups (Cascabel Conservation Association, Friends of Oracle State Park, and Lower San Pedro Watershed Alliance) have submitted a coalition protest to the Final Environmental Impact Statement for SunZia that was issued by the Bureau of Land Management in February 2023. A separate protest has also been submitted by Archaeology Southwest!

• Read the protest by the Center for Biological Diversity
• Read the protest by Archaeology Southwest