News & Analysis as of

State and Local Government Arizona

Mitchell, Williams, Selig, Gates & Woodyard,...

Title V/Clean Air Act: Center for Biological Diversity Petition to Object Filed Addressing La Paz County, Arizona Gold Mine

The Center for Biological Diversity (“CBD”) filed a June 6th Petition to Object addressing the Bonanza Explorations’, Inc. Clean Air Act Title V Permit renewal.’ The Petition objects to the renewal of a Title V Operating...more

Perkins Coie

Arizona Federal Court Scrutinizes Reversionary Clauses in FLSA Class Action Settlements

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The federal district court in Arizona recently confirmed that employers need a compelling reason to include reversionary clauses in wage-and-hour class action settlements. In Kostov v. Maricopa County Special Health Care...more

Holland & Hart LLP

Siting Energy and Transmission Line Projects in Arizona: 2025

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While Arizona's patchwork of jurisdictions creates complexity, early engagement with regulators and careful project design can enable project proponents to navigate these challenges successfully, particularly given the...more

Clark Hill PLC

The demise of “Chevron Deference” on the federal level has also arrived in the Arizona state courts

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Changes in federal and many states’ laws (e.g., just last month in Arizona) may put industry on more equal footing with agencies when interpreting rules and permit terms. If agencies have overreached on these interpretations,...more

Orrick, Herrington & Sutcliffe LLP

Arizona enacts law regulating crypto asset kiosk operators

On May 12, the Arizona Legislature enacted HB 2387 which creates new fraud prevention requirements for cryptocurrency kiosk operators doing business in the state. The law requires cryptocurrency kiosk operators to, among...more

Bradley Arant Boult Cummings LLP

Bid Protests in Arizona

Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures. For the next state in this series, we focus on the bid protest procedures in Arizona. Who Can File a Protest? Any...more

Snell & Wilmer

EPA Steps Back, Arizona Moves Forward

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In a significant development for Arizona’s business community and environmental policymakers, the U.S. Environmental Protection Agency (EPA) has paused its planned reclassification of Maricopa County from “Moderate” to...more

Snell & Wilmer

Arizona Supreme Court Expands Landowners’ Rights to Recover Severance Damages in Eminent Domain Cases

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In State of Arizona v. Foothills Reserve Master Owners Association, Inc., the Arizona Supreme Court ruled that severance damages are available to landowners when their appurtenant easements are condemned, even if their...more

Snell & Wilmer

City Lawsuit Nullified Based on Open Meeting Law Violation

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Arizona’s Open Meeting Law requires a city to approve the filing of a lawsuit in a public meeting. Such litigation, however, is often first discussed in a private or “executive session,” where the city council instructs its...more

Snell & Wilmer

Arizona’s 15-Week Abortion Ban Declared Unconstitutional

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On Wednesday, March 5, 2025, a Maricopa County Superior Court judge permanently blocked Arizona’s 15-week abortion ban and ruled that the former law is unconstitutional. The 15-week ban was passed by the Arizona...more

Snell & Wilmer

Rule 4.2 Amended to Allow for Direct Government Communications

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Effective as of January 1, 2025, Arizona has made a major change to its ethical rules that could open new doors for businesses, developers, and advocacy groups dealing with government agencies. The Arizona Supreme Court’s...more

Ballard Spahr LLP

Arizona Supreme Court Expands Just Compensation Rights in Eminent Domain Case

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In a significant victory for property owners, the Arizona Supreme Court held this week that damages in condemnation cases can include compensation for the reduction in value caused by the proximity of homes to a new highway...more

Snell & Wilmer

Lawsuit Challenges Water Rules Amid Housing Crisis

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Arizona’s housing shortage is among the most severe in the nation, with demand far outstripping supply and home prices skyrocketing in recent years. According to a lawsuit filed last week by the Goldwater Institute on behalf...more

Snell & Wilmer

Arizona Supreme Court to Address the Scope of Citizens’ Rights to Propose Local Ballot Measures

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In the forthcoming case of Roundtree v. City of Page,2 the Arizona Supreme Court will weigh in on a reoccurring political issue that bubbles up in cities and towns across the state: under what circumstances does a proposed...more

Bradley Arant Boult Cummings LLP

Arizona Court Says Preschool Isn’t School, Showing That Sometimes There Isn’t a “Right” Decision

Legend has it that Alice Cooper originally titled his hit “Preschool’s Out Forever.” I made that up, but it occurred to me when I read a headline from Law360 that read “Under Pot Law, Preschool Isn’t ‘School,’ Ariz. Court...more

Perkins Coie

District of Arizona Evaluates Restrictive Covenants

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The U.S. District Court for the District of Arizona recently evaluated the reasonableness of two restrictive covenants—the nonsolicitation of customers and the nonsolicitation of employees—along with claims related to...more

Troutman Pepper Locke

Arizona, Kentucky, and Hawaii Become Latest States to Introduce Legislation to Regulate Earned Wage Access Products

Troutman Pepper Locke on

Recently, Arizona, Kentucky, and Hawaii have jumped on the bandwagon to regulate earned wage access (EWA) products and services. Arizona’s proposed bill makes clear that EWA services are not considered to be loans or money...more

J.S. Held

Examining the Uniform Commercial Real Estate Receivership Act in Shaping Arizona’s Real Estate Receiverships

J.S. Held on

Historically, Arizona courts have granted receivers certain powers and duties related to commercial real estate and certain residential property in accordance with A.R.S. § 12-1241,1 and A.R.S. § 12-1242.2 For example,...more

Allen Matkins

Special Water Supply Edition: California Environmental Law & Policy Update - 6.16.23

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When ranchers violated an emergency order to stop pumping water from the Shasta River in 2022, state officials fined them $4,000, or roughly $50 each. Now California legislators are weighing a bill that would triple fines for...more

Holtzman Vogel Baran Torchinsky & Josefiak

How Does Arizona's Legislature Work and Why Is There a COW?

Here we are: 2023 is underway, the 56th Arizona Legislature has commenced its First Regular Session, and we are less than 100 days away from Sine Die. But what does any of that mean? A quick look at the structure, mechanics,...more

Sheppard Mullin Richter & Hampton LLP

AZ Attorney General Concludes Non-Recourse EWA Not a Loan

On December 18, the Arizona Attorney General issued an opinion on earned wage access (EWA), which determined that fully non-recourse EWA products do not constitute consumer loans subject to consumer loan regulations, and...more

Womble Bond Dickinson

Arizona Voters Modify Creditors' Remedies with Passage of Proposition 209

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On November 8th, Arizona voters approved Proposition 209, which significantly modifies the rights of creditors. Although the pre-election publicity focused mostly on medical debt, Prop. 209 changes how all types of debt can...more

Perkins Coie

Siting Energy and Transmission Line Projects in Arizona - An Irreverent Primer - 2020 Edition

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With the coal era winding down and renewable energy sources rapidly growing, Arizona offers an attractive market for renewable energy facilities, with plenty of sunshine and even a bit of wind up north. And, despite what you...more

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