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Arizona Court of Appeals Hears Argument in Challenge to Waste Burning Facility as Renewable

On February 25, 2015, the Arizona Court of Appeals (Division One) heard oral argument on the ACC's appeal of Judge McClennan's decision that the ACC abused its discretion and acted contrary to law when it approved a waste burning facility as a pilot project under the renewable energy rules.  Audio of the argument can be found here.  A video is available here

Energy

Center Co-Authored Amicus Brief in the Redistricting Case

The Center, along with other law firms, filed an Amicus Brief in support of the Independent Redistricting Commission in the case argued before the U.S. Supreme Court on March 2, 2015.  The Arizona Legislature filed the lawsuit in 2013, claiming that the voter-approved independent redistricting system violated the United States Constitution.  In the friend of the court brief filed by the League of Women Voters and other supporters of the initiative that created the Commission, amici point out that under Arizona's constitution, the legislative power is shared by the people and legislature, and that the people have exercised their legislative power throughout the history of the state to regulate elections.  The amicus brief is available below.  

 

 

Arizona Supreme Court holds that Legislators have Standing to Challenge Medicaid Expansion

On the last day of 2014, the Arizona Supreme Court issued its decision in Biggs v. Cooper, the case brought by Arizona legislators who opposed the Medicaid expansion.  The plaintiffs claim that the fee assessed to cover the cost of the expansion is subject to a supermajority requirement under the Arizona Constitution and because the legislation was passed by a simple majority, it is unconstitutional. The trial court had dismissed the case on the basis of standing--holding that the legislators did not have the requisite personal injury to sue.  When the legislators appealed that ruling, the Center filed an amicus brief urging the Court of Appeals to affirm. When the Court of Appeals reversed and the Governor sought review by the Supreme Court, the Center again filed an amicus brief urging the Court to affirm the trial court's ruling.  In its decision, the Supreme Court acknowledged that the individual legislators did not have personal standing, but held that because as a bloc, they had sufficient votes to defeat the legislation if a supermajority was required, then collectively they had standing to litigate the issue.