New Bill Clarifies Standard of Review for Decisions Made by Administrative Agencies in Arizona

On April 11, 2018, Arizona Governor Doug Ducey signed into law HB 2238. The Bill clarifies the appellate landscape for individuals and businesses challenging administrative decisions made by state agencies. In our blog post from May 7, 2017, we foreshadowed the legislation:  https://blog.lrrc.com/energy/2017/05/07/chevron-deference-arizona/ To recap, under federal law, if a statute or statutory term is …

EPA Seeks Overhaul of Ozone NAAQS

EPA Administrator Scott Pruitt issued a memorandum on May 9th that directs the agency’s staff to begin a five-year review of the National Ambient Air Quality Standards (NAAQS) for Ozone. The Clean Air Act (CAA) requires EPA to periodically review the NAAQS, including both primary and secondary standards, for criteria air pollutants such as ozone …

Court of Appeals Confirms that Arizona Constitution Authorizes Arizona Corporation Commission to Determine Energy Rates

The Arizona Constitution requires that the Arizona Corporation Commission (“Commission”) approve just and reasonable rates, the determination of which is to be evaluated by the Commission. In Freeport Minerals Corporation v. Arizona Corporation Commission, the Court of Appeals upheld rates for Tucson Electric Power Co. (“TEP”) and ruled that the Commission’s actions are presumed to …

53rd Arizona Legislature – Highlights

Early on the morning of May 4, the Arizona Legislature adjourned the Second Regular Session of the 53rd Legislature. No discussion of the work of the recently completed session would be complete without addressing education, education funding and engagement by virtually the entire legislative community.  The Chamber of Commerce, the Governor, the movement, the Legislature, all …

Attention Manufacturers of Gaming Devices: Nevada to Consider Regulatory Amendments

In Nevada, manufacturers and distributors of gaming devices and related equipment have been unwilling to enter the market because of the high cost and arduous nature of the licensing process. This can curtail innovation and development of new products, as many smaller companies are forced to limit their activity to less-regulated markets, even if their …

New Mexico Reviews the Impact of 2017 Federal Tax Cuts and Jobs Act on Regulated Utilities

On Wednesday, January 24, 2018, the New Mexico Public Regulation Commission (PRC) issued an “Order Commencing Review of the Effects of the Federal Tax Cuts and Jobs Act of 2017 (TCJA) on Regulated New Mexico Utilities.”  The Commission recognizes that the TCJA may have a major effect on the earnings and overall financial condition of …

Colorado Liquor Law Working Group Releases Report on Changes to Retail Liquor Licenses

On December 29, 2017, the SB 16-197 Working Group released its report to the Senate Business, Labor, and Technology Committee and the House Business Affairs and Labor Committee making recommendations on the implementation of the sweeping changes to Colorado Liquor Law that were signed into law by Governor Hickenlooper in 2016. SB-197 addressed the regulation …

Multiple Parties Enter Rate Case Negotiations to Benefit New Mexico Utility Customers

A proposed reduction of $4.4 million to Public Service Company of New Mexico’s capital investment requirement combined with savings from the recently enacted tax legislation may still yield a fee increase for consumers of approximately 2% spread over two years. In response to the New Mexico Public Regulation Commission (PRC) Revised Order Partially Adopting Certification …