Oral arguments are set for March 7 in federal court in Tucson related to a January lawsuit by Arizona tribal nations and environmental groups to overturn the federal government’s approval of a construction restart on the $11 billion SunZia transmission.
In the lawsuit filed in January, the plaintiffs want work on 50 miles of the 550-mile high-voltage direct current (HVDC) line between central New Mexico and south-central Arizona to stop until to all historical and cultural properties in San, the latter state. The valley of the Pedro River is identified and evaluated. The project, developed by San Francisco-based Pattern Energy Group LP, would connect to an array, still to build wind power project in New Mexico and would bring 3,000 MW of power to the western states.
The U.S. Department of the Interior halted construction in mid-November over tribal concerns, but allowed work to resume on November 29 in the valley.
Quanta Infrastructure Services Group is the engineering, procurement and construction contractor for the transmission line, with Hitachi Energy as the HVDC supplier and Blattner Energy, a unit of Quanta, as the EPC contractor for the wind project. GE Vernova and Vestas are supplying more than 900 wind turbines.
The lawsuit was filed in US District Court by the Tohono O’odham Nation, the San Carlos Apache Tribe, the Center for Biological Diversity and Southwest Archaeology.
The plaintiffs claim the department violated the National Historic Preservation Act by failing to properly consult with tribes about the valley’s cultural and historical significance, with 12,000 years of past human activity. It is considered one of the most intact prehistoric landscapes in southern Arizona. Archeology Southwest identified more than 500 archaeological sites at risk.
Interior relied on an inadequate and inaccurate site inventory that was not based on tribal knowledge and experience, the complaint says. The tribes say they asked federal officials in 2009, when the project was first announced, to consider the sites in the valley as “traditional cultural sites” and find a less damaging route.
“Since 2009, SunZia’s broadcast team has been actively working [the government] and participating tribes to identify and address any impacts on cultural resource properties,” says Natalie McCue, assistant vice president of Environment and Permits for Pattern Energy, in an email to ENR. Respect tribal sovereignty and complete the project America’s largest clean energy “isn’t a binary choice,” he adds.
But McCue adds that the time has passed to reconsider the route, approved in 2015.
“We were saddened by the decision to take legal action, especially given our commitment to open and good faith dialogue on these vital issues,” he says. “We remain committed to progressing the SunZia project, having engaged in a collaborative and inclusive consultation process for nearly a decade.”
The notice to proceed and right-of-way authorization were issued early last fall. Construction began in the San Pedro Valley on Sept. 26 that included grading, site clearing and placing heavy equipment in sensitive areas, the complaint says.
Pattern Energy says the wind project and line completion is scheduled for 2026.
The SunZia project is expected to create more than 2,000 construction jobs and have an economic impact of $20.5 billion in the region, according to the firm. Interior officials decline to comment on the litigation and say they have not yet filed a response to the complaint.
