INJUNCTION SOUGHT TO STOP POWERLINK: HEARING FRIDAY MAY 6 IN SAN DIEGO

"We are asking supporters to show up and wear green,” – David Hogan, environmental policy consultant for plaintiffs

May 4, 2011 (San Diego)—Opponents of Sunrise Powerlink will have their day in court after all, it appears.

In March, federal judge Michael Anello cancelled a hearing on Powerlink in San Diego, announcing that he would rule based on written records instead. Since then, however, two separate lawsuits against two federal agencies ( the Bureau of Land Management and U.S. Forest Service) have been joined to be heard by a single judge: Anthony Battaglia. On Friday, May 6 at 2 p.m., Judge Battaglia will hear arguments on a proposed preliminary injunction to stop construction of Powerlink on BLM lands.

Friday's hearing is set in federal courthouse, courtroom 12, at 940 Front Street, San Diego.

This marks the third change in judges assigned to lawsuits filed by the Protect Our Communities Foundation, Back Country Against Dumps, and the East County Community Action Coalition. Judge Larry Burns, who was originally assigned to the case, was removed after being assigned to cover the trial of Jarod Lee Loughner in the shooting of Arizona Congresswoman Gabrielle Giffords, federal judge John Roll and others. Now Judge Anello has also been removed so that both federal cases may be heard by Judge Battaglia.
 

“The reason we have a good case for an injunction is that if construction proceeds, there will be absolutely irreparable harm to the natural environment,” said David Hogan, environmental policy consultant for the plaintiff groups based in East County. “Once you bulldoze the natural land, it can’t be put back.” He cited destruction of habitat for Peninsular bighorn sheep, Golden eagles, Arroyo tods, and Quino checkerspot butterflies as examples.
 

Plaintiffs seek a halt to construction until their lawsuit against the BLM can be heard and a court makes a determination on the merits of the case.
 

“We are asking supporters to show up and wear green to show support for an injunction,” Hogan said, adding, “This is not a protest or rally, this is quiet support.” He added that SG&E may bring “a roomful of lawyers” and recommended that those opposed to Powerlink arrive early.
 

San Diego Gas & Electric Company did not return a call requesting comment on this story.