Judge rules against Quechan in refinery land transfer case
Frank R.
Jozwiak, the attorney representing the Quechan in the case, said, "(Teilborg's ruling) is under review. We have not had an
opportunity to study the ruling or consult with the tribe."
BY JOYCE LOBECK, SUN STAFF WRITER
A federal
judge has denied the Quechan Tribe's application for a preliminary injunction
against a transfer of land for the proposed oil refinery in eastern
The tribe
had sought the injunction, claiming that the defendants had violated federal
laws by failing to adequately analyze the transfer's potential impact on
environmental and cultural resources.
On March
26, in accordance with a 2000 law authorizing the action, the U.S. Bureau of
Reclamation transferred 39,000 acres to the Wellton/Mohawk
Irrigation and Drainage District. That included land and facilities for the
district's operation, as well as 1,400 acres that the district then sold to
Arizona Clean Fuels for its proposed oil refinery site.
The Quechans filed their suit March 30, alleging the Bureau of
Reclamation violated the Wellton-Mohawk Transfer Act
by transferring land for the development of an oil refinery, failed to properly
address the impact of future uses of the land such as the refinery and violated
the National Environmental Policy Act and National Historic Preservation Act.
While
waiting for the court to rule, all parties had voluntarily agreed to a
"standstill" of any activity on the land in question.
Judge James A. Teilborg of the
U.S. District Court in
In the
ruling, Teilborg stated: "The court concludes
that plaintiff has failed to show a strong likelihood of success on the merits
because (the Bureau of Reclamation) has taken the requisite hard look at the
environmental and cultural consequences of the title transfer. Further, the
court concludes that plaintiff has failed to demonstrate that it will suffer
irreparable harm or that there is a possibility of irreparable harm in this
matter."
Teilborg also concluded that the Bureau of Reclamation
"has no authority over the existence, location or construction of the
refinery." Furthermore, he noted that the oil refinery would be subject to
a separate permitting process to ensure it complies with all federal laws
regarding the protection of sensitive areas.
Frank R.
Jozwiak, the attorney representing the Quechan in the case, said, "(Teilborg's ruling) is under review. We have not had an
opportunity to study the ruling or consult with the tribe."
The ruling
came as a relief to Glenn McGinnis, CEO of Arizona Clean Fuels. "I think
the judge reviewed the facts and determined that the federal government, (the
Bureau of Reclamation) and the district acted in good faith to make sure all
the requirements were complied with."
According to the court document, an outside archaeological consulting firm, Statistical Research Inc., had conducted a survey of the land to be transferred to identify culturally sensitive sites. As a result, Wellton/Mohawk Irrigation and Drainage District and the Bureau of Reclamation removed 2,124 acres with 19 known eligible sites from the transfer. Those acres will remain under federal ownership until further processing is completed.
"We will do what we need to as part of the
process," McGinnis said. "We knew the project would be under the
microscope to be sure we complied with all regulations. We've always made a
commitment to comply with everything required."
McGinnis
said Arizona Clean Fuels will conduct additional surveying of the land it
bought for potential historical sites. However, he added, all the land that
Arizona Clean Fuels purchased is "disturbed land. All 1,400 acres had been
previously farmed."
Joyce Lobeck can be reached at jlobeck@yumasun.com or 539-6853.