Dear Change.org petition signer,

The United States Forest Service (USFS) process for objecting to the above ground transmission line near and into the Village of Oak Creak (VOC) is complete. One next step is to evaluate the prospects of success of legal action. 

In July 2023 the Big Park Council (BPC) engaged with EarthRise Law Center to analyze the prospects in federal court for successfully challenging the USFS decision on the APS Powerline Project. Due to the lack of the final USFS documents and a response to our Freedom of Information (FOIA) request, their assessment was inconclusive. 

The Earthrise memo is still being held confidential as privileged attorney-client communication.  Although the memo takes no clear position regarding the likelihood of success in a lawsuit challenging the Forest Service, it should be said that the memo is neither overly positive nor hopeless.

Now that the final USFS documents have been published, an updated legal analysis is needed. The Big Park Council approved the motion that in part states: That Big Park Council supports research by Gallagher & Kennedy, P.A. to analyze the prospects in federal court for successfully challenging the USFS decision on the APS Transmission Line Project based on the previous Earthrise memo and the final USFS documents.  Funding for this research would come from voluntary contributions and not from any special dues assessment of Council members.

This recognizes that the citizens of VOC have voiced their opposition to the above ground transmission line in community forums, demonstrations and petitions, and deserve to know the true prospects of a legal challenge.

The cost of this legal research is $6,000. This work needs to be completed quickly, ideally this month, so that the Big Park Council has the information they need to evaluate whether to bring legal action against the Forest Service. 

Please consider contributing to this important legal research. Your donation is tax deductible. 

Contributions can be made:

• By check, made out to the Big Park Council. Memo: BuryPowerline Fundraising
            Big Park Council 

                   P.O. Box 21021

                   Sedona, Arizona  86341

• or Online via PayPal or Venmo using buryvocpowerline@gmail.com

Note: Do not contribute via the Change.org petition.  All Change.org contributions fund Change.org, not the petitions hosted on their platform.  

Many thanks for your support,

Big Park Council

A 501(c)3 nonprofit corporation

https://www.bigparkcouncil.org/local-issues/aps-transmission-line/