Political Notebook: Lawsuit adds to Marana data-center saga

Fremont Peak Properties, LLC, a subsidiary of the Project Blue developers Beale Infrastructure, is suing the town in Pima County Superior Court for not allowing the group that pushed for the referendum effort to withdraw their request.

In February, representatives for the group Arizonans for Responsible Development asked that Marana officials withdraw the petitions after the town found that they did not include the legal description of the involved properties. Because that requirement was not met, the submitted signatures, about 2,800, were ineligible for “further verification,” town spokeswoman Vic Hathaway said at the time.

Although the group requested that the two referenda be withdrawn, the town did not have the “discretion to waive or overlook statutory requirements governing referendum petitions,” Hathaway said at the time.

But now, the data center developers are suing the town, arguing that Marana officials should have allowed the petitions to be withdrawn per the group’s request.

“There is no material difference between candidate petitions and initiative/referendum petitions, especially when the withdrawal comes early in the process,” attorneys for Fremont Peak Properties wrote in a court filing. “In both cases, the government has no inherent interest (whether on behalf of itself, the petitions signers, or the electorate at large) to continue with the machinery of election administration when the original proponent of that effort voluntarily and expeditiously withdraws.”

Attorneys for the data center developers say that Marana’s town clerk “acted arbitrarily and capriciously, and abused her discretion, by refusing to recognize the Committee’s request,” and they argue that the clerk had “no statutory authority compelling or permitting the Clerk to refuse to recognize the Committee’s withdrawal, and … no prejudice would occur from the withdrawal.”

The data center developers ask that the court order the town clerk to recognize the group’s request to withdraw the petitions.

Hathaway, in a statement Wednesday, said “The Town of Marana is aware of the lawsuit filed by Fremont Peak Properties. We want our residents to know that we take this very seriously and are dedicated to transparency and respect for the legal process."

Ciscomani visits Scotland

U.S. Rep. Juan Ciscomani, the Tucson Republican, is among a group of House members who traveled to Scotland this week, the news site Semafor reported.

Members of the GOP's Main Street Caucus were photographed at Edinburgh Castle, Semafor reported, and among those in the photos were Ciscomani. Others included Republican U.S. Reps. Mike Flood of Nebraska, Andrew Garbarino of New York, Mike Lawler of New York, and Derrick Van Orden of Wisconsin.

The Main Street Caucus describes itself as "a group of 85+ pragmatic conservatives who get things done," especially concerned with small-business and economic issues.

"DVO is joining more than 30 other members of Congress on a delegation that was pre-approved by the House Ethics Committee months ago. The trip focuses on economic development, foreign partnerships, and business engagement, including meetings with members of Parliament and other international officials."

Texts and a call by the Star to Ciscomani's office went unanswered Wednesday. 

Van Orden's office told TMZ, which solicited photos of members of Congress traveling while a partial government shutdown goes on: "DVO is joining more than 30 other members of Congress on a delegation that was pre-approved by the House Ethics Committee months ago. The trip focuses on economic development, foreign partnerships, and business engagement, including meetings with members of Parliament and other international officials."

U.S. Rep. Adelita Grijalva's office reported she had attended or was scheduled to attend events and meetings in Tucson on Monday, Tuesday, early Thursday and Friday. She was scheduled to be in Bisbee on Wednesday and Phoenix on Thursday afternoon.

Congress has been unable to resolve the partial shutdown of the Department of Homeland Security, which began Feb. 14. A deal passed unanimously by the U.S. Senate was shot down by House Republicans before the Holy Week break began. 

They aren't scheduled to return to Washington, D.C. until April 13. 

Grijalva helps launch caucus 

Speaking of caucuses, there are hundreds of them that gather members of Congress who support a certain issue, interest or approach.

There's a Fertilizer Caucus, for example, a Montenegro Caucus and a Privacy Caucus, along with better-known ones such as the Congressional Black Caucus and the Freedom Caucus. 

Now, thanks in part to Grijalva, you can add another: The Environmental Justice Caucus. Grijalva formed the new grouping of Congress members with Rep. Rashida Tlaib of Michigan and Rep. Summer Lee of Pennsylvania, all Democrats. 

They explained in a news release: "The newly launched caucus will provide a platform for members of Congress work with community leaders, advocates, and policy experts to advance environmental justice legislation and ensure that federal policies reflect the needs and priorities of the communities most impacted by environmental injustices."