An Arizona federal judge dealt a blow to Native American tribes and environmentalists on Tuesday by rejecting their plea to halt progress on the $10 billion SunZia transmission line project in southeastern Arizona. Despite concerns over cultural and environmental impacts, U.S. District Judge Jennifer G. Zipps found that their claims fell outside the statute of limitations.
Judge blocks tribes’ request to block $10B infrastructure project in Arizona: Legal Standoff
In a 22-page order, Judge Zipps dismissed the request for a preliminary injunction that aimed to stop the construction of a 550-mile high-voltage transmission line in Arizona’s San Pedro Valley. The legal battle centered around the Administrative Procedure Act’s six-year statute of limitations, dating back to the U.S. Bureau of Land Management’s 2015 decision.
Time-Barred Claims
“The court cannot revisit BLM’s 2015 decision,” stated Judge Zipps, emphasizing the time constraints on challenging agency actions. Any attempt to reroute the project or challenge the 2015 decision, she ruled, was time-barred under the law.
Judge blocks tribes’ request to block $10B infrastructure project in Arizona : Clean Energy Initiative
The SunZia transmission line, touted as the nation’s largest clean renewable energy infrastructure project, aims to transport wind-generated electricity from New Mexico to millions of consumers in California and Arizona. Despite its environmental objectives, the project has faced staunch opposition from tribal communities and conservation groups.
Legal Maneuvers
After months of failed negotiations, tribes and conservationists resorted to legal action in January, alleging violations of the National Historic Preservation Act and the Administrative Procedure Act. They argued that the project’s approval disregarded the area’s cultural significance to regional tribes and its impact on natural resources.
Judge blocks tribes’ request to block $10B infrastructure project in Arizona: Judge’s Ruling
In her decision, Judge Zipps sided with the government and SunZia, asserting that the tribes misinterpreted the 2014 programmatic agreement. She highlighted ongoing consultations between the Bureau of Land Management and tribal representatives during the project’s planning phases.
Continued Construction
With construction underway since September, SunZia Transmission LLC received a green light from BLM, prompting the legal battle. Despite the setback for opponents, construction is forging ahead, marking a milestone in the Biden administration’s push for a cleaner energy grid.
Stakeholders’ Reactions
Hilary Tompkins of Hogan Lovells, representing SunZia’s owner Pattern Energy, expressed appreciation for the ruling, emphasizing the extensive consultation process. Meanwhile, representatives for other parties involved, including the tribes and conservation groups, remained silent or unavailable for comment.
Looking Ahead
As construction progresses, the legal saga surrounding the SunZia transmission line underscores the complex intersection of energy development, environmental protection, and indigenous rights. With significant stakes on both sides, the battle for the future of the project is far from over.
