Chu

Backcountry Against Dumps v. Chu

Caution
215 F. Supp. 3d 966·2015 WL 12697959·2015 U.S. Dist. LEXIS 188415
United States District Court, Southern District of CaliforniaSeptember 29, 2015Case No.: 12cv3062 L (JLB)California8,392 words

Opinion

Lead Opinion

Honlorenz, J.

ORDER RE: CROSS MOTIONS FOR SUMMARY JUDGMENT

ECF Nos. 74, 75,

I. BACKGROUND

On August 17, 2012, the Department of Energy (“DOE”) announced its decision to issue a Presidential permit to Energia Sierra Juarez U.S. Transmission, LLC (“ESJ”), a subsidiary of Sempra Energy. The permit, PP-334, allowed ESJ “to construct, operate, maintain, and connect a double-circuit 230,000-volt (230-kV) elec-trie transmission line across the U.S.-Mexico border in eastern San Diego Country, California.” 77 Fed. Reg. 49789 -01.

The envisioned transmission line (“Project”) would run approximately 1.65 miles from the vicinity of La Rumorosa, Northern Baja California, Mexico to a spot near Jacumba, California. Roughly .65 miles of the transmission line would be within the U.S. The terminus in Mexico was ESJ’s planned wind turbine facility, capable of generating 1,250 Megawatts (MW) of electricity (“ESJ Wind Project”). The end point in Jacumba was San Diego Gas & Electric’s planned ECO Substation, which would then be connected with the 500-kV Southwest Powerlink transmission line. The intended result of the Project was to allow electricity generated by the ESJ Wind Project to be delivered into the…

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