ACLPI Advocates for Just and Equitable Transition as Coal Plants Close

The Arizona Corporation Commission (ACC) recently voted to create a landmark process to evaluate the community and economic impacts of coal plant closures and the need for Just and Equitable Transition (JET) for communities hit hard by these closures. Part of the final determination in the rate case for Tucson Electric Power (TEP), this decision is the direct result of years of pressure from tribal and non-tribal citizens groups, including the San Juan Citizens Alliance, Tó Nizhóní Ání, Diné C.A.R.E., and Black Mesa Water Coalition, which are represented by ACLPI’s energy and environmental attorney Jennifer Anderson.

For decades, coal-burning power plants have provided a reliable economic backbone for communities across the Southwest, but as one plant closes after another, jobs, revenue and opportunities quickly evaporate — leaving few options and little hope behind. Five coal-burning power plants in northern Arizona and northwestern New Mexico surround the Navajo Nation and Hopi Tribe. Two plants have shuttered since 2019 and the remaining three’s closure dates are quickly approaching. There’s often little notice of the closure to surrounding communities who face devastating financial repercussions.

San Juan Citizens Alliance, Tó Nizhóní Ání, Diné C.A.R.E. and Black Mesa Water Coalition argue utility companies that own and operate the plants (including TEP) have a responsibility to assist affected tribes, cities, counties and towns following these economically devastating closures. Together, the groups have fought for JET plan, including intervening in rate cases filed by TEP and Arizona Public Service (APS), as well as ensuring a $144 million agreement between APS and the Navajo Nation includes all aspects of a JET plan.

ACC’s decision is a bold step toward holding utility companies accountable, following their long history of reaping profits and abandoning communities after abrupt power plant closures. Ultimately, ACC’s process could create the mechanism for crafting JET plans as our country shifts away from coal and toward a clean energy economy.

A staff attorney at ACLPI since 2018, Jennifer is an experienced energy and environmental lawyer who has spent years of her career advocating for clean air and water, renewable energy, energy efficiency and public access to government.

Read the full press release here.

The Center Wins Case on Behalf of Immigrants Excluded from CARES Housing Program

ACLPI and the William E. Morris Institute for Justice filed a lawsuit against the City of Phoenix claiming the city’s emergency housing program funded with the federal CARES Act Coronavirus Relief Fund violated federal law because it excluded certain immigrants. A federal judge ruled in favor of the plaintiffs and, according to the court order, immigrants who were previously excluded from the program can now receive funding.

The city allocated $25 million to prevent evictions and homelessness during the COVID-19 pandemic, providing rental, mortgage and utility assistance to financially impacted individuals. However, the City restricted immigrant eligibility to “qualified” immigrants, as defined in 1996’s Personal Responsibility and Work Opportunity Reconciliation Act. This limiting definition left out many groups, including DACA recipients, asylum applicants, U-Visa holders and others. The plaintiffs successfully argued the program violated the Supremacy Clause of the United States Constitution.

Many community groups are accepting applications for the program until Dec. 30.

This is the latest win in the Center’s long history of ensuring civil rights are upheld for everyone, including our society’s most vulnerable groups. 

Find the press release here.

Your Giving Tuesday Donation Helps ACLPI Continue to Fight for Arizonans

Giving Tuesday and the holiday season are opportunities for all of us to give back to our communities and back the causes most important to us.

ACLPI wouldn’t be here without the generosity of our supporters — we rely on donations and grants to continue our vital work for Arizonans. As a non-profit public interest law firm dedicated to ensuring governmental accountability and protecting Arizonans’ legal rights, we don’t receive any governmental funding (nor do we charge our clients a fee).

For this Giving Tuesday, we warmly invite you to consider donating to ACLPI. Every cent contributed to the Center goes directly into our ongoing work for our community, including:

• Fighting for a Better Future for Children in the Foster Care System – For more than five years, the Center and co-counsel have battled on behalf of more than 13,000 children in foster care. An upcoming settlement we’ve proposed requires the Department of Child Safety (DCS) to provide children in the foster care system better access to behavioral, medical and dental care and improved case management. Additionally, DCS would limit the use of group homes and other kinds of “congregate care,” instead placing children with relatives or family-like homes whenever possible.
  
• Restoring Capital Funding for the State’s Public Schools – Arizona’s public schools are constitutionally entitled to capital funding — yet many are not getting the money they need to make necessary updates to schools, purchase new technology and keep kids safe. Moreover, COVID-19 exposed and exacerbated the disparities between districts and deepened existing issues. The Center currently represents four school districts, the Arizona School Board Association, the Arizona Education Association, Arizona School Administrators and a local taxpayer in a lawsuit against the State.  
  
• Pushing for Clean Air – The American Lung Association recently ranked Phoenix among U.S. cities with the worst air pollution. The Center sued the EPA for failing to act on dangerous particulate pollution in Pinal County and is pushing federal, state and local agencies to adhere to clean-air standards designed to protect human health.

This is only a small sampling of our attorneys’ caseloads. We envision a just, prosperous and environmentally secure future for our beautiful state. This is something we’ve fought for since the Center was founded in 1974. Our persistence and dedication have earned us the reputation of one of the most effective state-based public interest firms in the nation.

Donating to the Center is a great way to kick off your holiday giving and ensure even the most underrepresented or vulnerable Arizonans’ rights are protected and their voices are heard.

Maricopa County Superior Court Rules in Favor of Voters with Disabilities, a Win for ACLPI and ACDL

According to a court ruling on October 5, certain people with disabilities will be allowed to use videoconference technology to assist with voting in the upcoming election. The Arizona Center for Law in the Public Interest and Arizona Center for Disability Law (ACDL) consider the recent ruling a win for disabled people and for voting equality.

At issue in the lawsuit was whether bipartisan “Special Election Boards” could use videoconference technology to assist voters who, because of COVID-19, may not be able to interact with Special Election Boards in person. For example, videoconference technology may be the only means available to enable voting for some individuals with disabilities who live in long-term care or other assisted living facilities that may be locked down due to COVID-19. 

Secretary of State Hobbs and Maricopa County Recorder Fontes argued that videoconference technology should be approved for these types of voters. Gov. Doug Ducey’s office and the Attorney General opposed the practice. ACLPI and ACDL filed briefs explaining that federal law requires reasonable accommodation to protect the rights of voters with disabilities.

“The fundamental tenet of our democracy is that every vote is equal,” said ACLPI Executive Director Danny Adelman. “People with disabilities are entitled to reasonable modifications where necessary to avoid discrimination.”

ACLPI has long fought for election integrity and the civil rights of historically underprivileged groups.

Read more about our work here.

Thank You for Making ACLPI’s Annual Fundraising Auction a Success

We’re thrilled to announce we surpassed our fundraising goal with our annual auction (which looked a lot different this year, like so many other things!). We secured necessary funding to continue our vital work for Arizonans. Everyone who bid on an item, donated or sponsored the event made this achievement possible. As a non-profit that doesn’t receive any government funding and never charges our clients a fee, we’re grateful for our generous supporters.

Every cent from our fundraiser goes toward: 

• Defending the rights of all Arizonans
• Holding our governments accountable to constituents
• Securing important public school funding, ensuring Arizona’s students get the support and tools they need 
• Advocating for clean air and water standards to protect our beautiful state and public health now and in the future

On behalf of our attorneys at ACLPI, thank you for your unwavering support. Because of you, we can all make a real difference in Arizona. 

Learn more about our work here.

Mark Your Calendars for ACLPI’s Annual Fundraising Auction

Our annual in-person fundraiser has been canceled due to the pandemic, but we’re excited to host an online auction with incredible items. All proceeds go directly to the Center, so we can continue to defend Arizona’s most vulnerable and underrepresented communities in 2020 and beyond. 

You won’t want to miss this opportunity to win big and support our cause.  

• The auction will go live Sept. 18 and end Sept. 27. 
• Participants have an opportunity to win a variety of big-ticket items, like a vacation in Loreto Bay, Mexico, known for its stunning landscape and rich history, or a stay at the enchanting Casa de San Pedro Bed and Breakfast – a Southern Arizona oasis.
• Every dollar goes toward our work, from supporting public schools, to protecting our natural environment and defending Arizonans’ civil rights. 

Find our full selection of amazing auction items and pre-register here. Bidding starts Sept. 18!