OPPONENTS OF BOULDER BRUSH SUBSTATION SCORE WIN IN COURT

By Miriam Raftery

Photo by Miriam Raftery: Campo tribe's original wind project; the tribe hopes to build a new project connected to the substation challenged by rural activists.

March 20, 2024 (Campo) — An Appellate Court has found that a trial court wrongfully dismissed a lawsuit against San Diego County challenging Supervisors’ approval of Terra-Gen’s Boulder Brush substation in rural East County. The substation would connect to Terra-Gen’s Campo Wind project on Campo tribal land. 

Earlier plans called for the substation to also connect to the proposed Torrey Wind project in Campo, but Terra-Gen has since withdrawn its application for that project after a deadline expired.

The nonprofit group Backcountry Against Dumps, along with ranch owners Ed and Donna Tisdale, filed the lawsuit in 2021. The Campo Tribe filed a motion asking that the suit be dismissed on grounds of sovereign immunity and the Superior Court granted that motion.

But on March 13, the Court of Appeal in the Fourth Appellate District issued a ruling ordering the Superior Court to vacate its judgment of dismissal and to issue a new order denying the motion to dismiss.

“The bottom line is that Boulder Brush Substation is proposed for private land, where sovereign immunity does not apply,” Tisdale told ECM. 

Plaintiffs had filed their opening trial brief prior to the dismissal. Next up, the County and Boulder Brush will file their opposition briefs, after which plaintiffs will file replies. The court will then hear the case on its merits.

Backcountry Against Dumps and the Tisdale have argued that the project’s environmental impact report violated the California Environmental Quality Act by failing to analyze impacts on golden eagles, groundwater resources and wildfire risks, among other things. They also argued that the project in  rural Campo would violate the County’s general plan and zoning ordinances.

The Appellate Court, in reversing the dismissal of the case, cited a need to assure “fairness and equity” for all parties.