Federal judge denies a request by two Arizona tribes to block work on SunZia power line

A federal judge has denied two Arizona tribes’ request for an injunction to halt construction on the SunZia power transmission line through the San Pedro River Valley.

The Tohono O’odham Nation and San Carlos Apache Tribe, with Archaeology Southwest and the Center for Biological Diversity, filed a lawsuit against the Bureau of Land Management over the agency's approval of Pattern Energy’s route through the valley.

SunZia is a 550-mile renewable energy power line that will stretch from New Mexico, through Arizona and into California

The court in Tucson ruled that the tribes waited too long to file an injunction and concluded that the BLM had complied with the National Historic Preservation Act, which requires identification of historic properties and efforts to mitigate impacts to those sites.

The tribes believe the 50-mile stretch of the power line crossing the valley will cause irreparable harm to ancestral villages, sacred sites and burial grounds in the area. They argued that the government did not properly consult as required by the Historic Preservation Act.

Tohono O'odham Nation Chairman Verlon Jose said the tribe was disappointed by the ruling.

“Our goal is not only to protect our ancestorial cultural history and the San Pedro River Valley’s pristine environment, but to also ensure the federal government is held accountable for its actions in violation of laws designed specifically to protect sacred lands,” Jose said in a written statement.

“This is far too important of an issue to be deterred by this ruling,” he added. “The United States’ renewable energy policy that includes destroying sacred and undeveloped landscapes is fundamentally wrong and must stop.”

Pattern Energy said Wednesday the project had been reviewed as required by the law and promised to work with tribes as construction moves forward.

“SunZia went through a comprehensive decade-long consultation process, during which the plaintiffs had ample opportunities to raise their concerns,” said Hilary Tompkins, outside counsel for Pattern Energy.

“As construction continues, we remain committed to engaging in an open, good-faith effort to advance the goals of cultural resources protection, environmental stewardship, and the clean energy transition,” she said.

Opponents say tribes were left out

Robin Silver, co-founder of the Center for Biological Diversity, said the decision will be appealed, in part, because the court erred in its conclusions about the government's need to consult with tribes.

Although the judge ruled that it was too late for opponents of the project to raise concerns under the National Environmental Policy Act, Silver said the tribes can still challenge the failure to consult under the Preservation Act.

Silver also said Pattern Energy told the court the project would fail if it were delayed to address the tribes' issues, a claim he said was wrong. Ignoring the tribes' claims under the Historic Preservation Act was illegal and immoral, he said.

"Pattern Energy/SunZia don't care about the San Pedro Valley," Silver said. "To them, it is only about cash. It is cheaper to build a new line through the San Pedro Valley instead of through an already degraded corridor through Tucson, no matter the historic harm to the tribes and the valley."

Power transmission line: Riparian habitat threatened by proposed project, San Pedro River advocates say

Court rules the challenges came too late

SunZia will traverse the middle and lower San Pedro Valley, and the tribes and conservation groups believe the valley’s ecological and historical values are at risk from the project. They hoped BLM would consider an alternative route to avoid irreparable damage.

Construction began in September, and tribes asked BLM to halt work to conduct a proper survey with input from the tribes, identifying Traditional Cultural Properties (TCP) that are protected under the National Register of Historic Places.

Because SunZia’s route was finalized in 2015, the judge ruled the tribe’s injunction was “time-barred.” As construction has already begun and the route finalized nine years ago, the court believes it is too late to challenge the final route.

BLM said it requested feedback from the tribes during the planning process and invited them to consult on cultural and historic inventories and visual assessment surveys in the valley.

The court also concluded that BLM is in compliance with the Preservation Act and is not obligated to reroute the project to avoid the valley. BLM claims the project route avoids direct impacts on all culturally significant sites identified in the area and will minimize adverse impacts to the valley overall.

Pattern Energy said following this decision, construction will continue as planned, with a goal of finishing it by 2026.

Hayleigh Evans covers environmental issues for The Arizona Republic and azcentral. Send tips or questions to hayleigh.evans@arizonarepublic.com.

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This article originally appeared on Arizona Republic: Federal judge denies bid by two Arizona tribes to block SunZia project