Lawsuit and Court Actions

In 2002, the Border Power Plant Working Group sued the DOE and BLM, and requested an injunction forbidding the use of the transmission lines to import electricity from the power plants into California

Border Power Plant Working Group Lawsuit

On March 19, 2002, the Border Power Plant Working Group (Border Power) sued the Department of Energy (DOE) and the Bureau of Land Management (BLM) in the United States District Court for the Southern District of California alleging violations of NEPA and the Administrative Procedure Act. Border Power sought to have the environmental assessment (EA), DOE FONSI, presidential permits, and right-of way grants determined to be illegal and requested an injunction forbidding the use of the transmission lines to import electricity from the power plants into California. After briefing and argument, the court issued two orders. On May 2, 2003, the court held that the EA and the FONSI did not comply with NEPA. On July 8, 2003, the court sent the matter back to DOE and BLM for additional NEPA review consistent with the May and July orders. The court declined to enjoin operation of the transmission lines immediately, but instead deferred the setting aside of the presidential permits and the FONSI until July 1, 2004, or until such time as superseding NEPA documents and permits are issued, whichever is earlier.

Decision to Prepare an Environmental Impact Statement

In light of the concerns raised by the court in its decisions, and to increase opportunities for public and stakeholder participation in the environmental review of this proposal, DOE and BLM have decided to prepare an Environmental Impact Statement (EIS). To learn more about the EIS and the EIS process, see Baja California Power - Termoeléctrica-U.S. EIS.