Court Approves Settlement of Center’s Lawsuit Against EPA to Address Particulate Air Pollution

In early March, the U.S. District Court for the District of Arizona approved a settlement and consent decree in the Center’s lawsuit against the U.S. Environmental Protection Agency (EPA) over its failure to act on harmful particulate air pollution in West Pinal County. As a result, the State must now submit a plan that contains the “best available control measures” to bring the county into compliance.

The settlement and consent decree fully resolved the lawsuit in favor of the Center’s client, Sierra Club. The Center filed suit in April 2020 because the EPA has violated the Clean Air Act for years by failing to approve or disapprove Arizona’s plan to address a dangerous type of particulate air pollution known as “PM₁₀” in West Pinal County and by failing to determine that the area exceeds national air quality standards for PM₁₀.

Particulate air pollution refers to a mix of tiny airborne particles that are often too small to see with the naked eye. The EPA has concluded that particles smaller than or equal to 10 micrometers in diameter, about one-seventh the width of a human hair, present the greatest threat to health. When inhaled, PM₁₀ pollution passes through the natural filters in the nose and mouth and penetrates deep into the lungs. This can cause breathing difficulties, lung tissue damage, cancer, and even premature death. Children, the elderly, and people with respiratory diseases are particularly vulnerable to the effects of PM₁₀ pollution.

The EPA designated West Pinal County as “nonattainment” for PM₁₀ in 2012, and PM₁₀ levels in the area are among the worst in the nation. The health-based standard for PM₁₀ is 150 micrograms per cubic meter. However, multiple air quality monitors in West Pinal County violated the PM₁₀ standard numerous times from 2016 through 2020. During that time, a monitor near the City of Maricopa recorded PM₁₀ levels of 1,367 micrograms per cubic meter — nearly 10 times the federal standard. Another monitor in Stanfield, near Casa Grande, recorded PM₁₀ levels of 1,100 micrograms per cubic meter, or seven times the federal standard. Other monitors also regularly record high levels of PM₁₀. Most of the exceeding monitors are located in neighborhoods.

In response to a pre-lawsuit letter from the Center, the EPA determined that West Pinal County failed to attain the PM₁₀ standard by the relevant deadline of December 31, 2018. This means West Pinal County has been reclassified from a “moderate” to a “serious” nonattainment area for PM₁₀. Pursuant to the consent decree requirements, the EPA has also proposed to disapprove most portions of an earlier air quality plan submitted by the State of Arizona that purported to address West Pinal County’s PM₁₀ pollution but failed to adequately do so.

ACLPI Obtains Settlement to Improve Services for Arizona’s Children in Foster Care

After six years of fighting on behalf of Arizona’s children in foster care, a federal judge granted final approval of a class-action settlement that will improve the lives of Arizona’s foster children.  The settlement requires significant improvements in care and services for the 13,500 children in Arizona’s system, as well as all future foster children.

The settlement targets four primary areas of reform:

• Providing children in foster care effective and prompt access to behavioral health services
• Making sure that foster children receive necessary medical and dental care
• Increasing the number of children placed in family-like settings and reducing the use of group homes
• Better management of caseloads so DCS workers can give their attention to the children and families in their care

Fulfilling the requirements of the settlement will take time, ACLPI attorney Anne Ronan told the Arizona Republic. “But the goal is not just about numbers, it’s about improving quality,” she continued.

For example, the agreement not only requires that the children receive the behavioral health services they need, but also that the services are effective.

The Center has been proud to represent the state’s foster children alongside lawyers from Perkins Coie and Children’s Rights, a New York-based advocacy group.

Find more information about the settlement here.

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.