VIEW LARGER The SunZia Transmission Line project crossing through southern Arizona, Tuesday, Feb. 11, 2025. A federal appeals court reinstated a lawsuit challenging the construction of the SunZia transmission line, a 550-mile long project, which looks to take wind-generated energy from New Mexico to Arizona and California markets.
The complaint, which was filed in January 2024, by the Tohono O’Odham Nation, San Carlos Apache Tribe, Archaeology Southwest and the Center for Biological Diversity alleged that the federal government illegally granted permits that greenlit construction in 2023, before thorough consultation with the tribes.
Tuesday’s decision stated that the Department of the Interior violated the National Historic Preservation Act by issuing two limited notices to proceed before satisfying its obligations.
The appeals court ruled that the plaintiffs “plausibly alleged” a lack of evaluation on whether the area should have been designated as historic property.
“The problem with them putting the power line up to San Pedro Valley is not only does it harm a relatively pristine desert valley but it is horribly destructive to the tribes because it destroys their sacred geography,” said Robin Silver, co-founder of the Center.
He added that the latest court decision recognizes that the Bureau of Land Management on behalf of the energy company, Pattern Energy, failed to comply with the law.
“They decided to focus all their construction activities to try to do as much damage as they could, focused on the San Pedro, instead of working on the other 400 miles of their transmission line before the courts ruled,” Silver said.
Last year, a district court judge in Tucson, Judge Jennifer Zipps dismissed the case alleging that the plaintiffs were too late in opposing the $10 billion energy project and that BLM had fulfilled its obligations in identifying important cultural, historic and religious sites.
“We and the tribes were very clear from the beginning that there was no mitigation possible with them picking a corridor or picking a route that goes right up the San Pedro Valley,” Silver said. “When all they had to do is go through Tucson.”
According to its website, the California-based company anticipates commercial operations to begin in 2026, that could bring more than 3,500 megawatts of wind power to 3 million people.
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