Amy Dominguez, Amy.Dominguez@sierraclub.org
Phoenix, AZ – Today Sierra Club filed an appeal in Maricopa County Superior Court challenging the Arizona Corporation Commission’s unlawful June decision to eliminate environmental reviews for most new methane gas-fired power plants.
The Commission’s vote reversed the Arizona Power Plant and Line Siting Committee’s April decision that required utility UNS Electric (UNSE) to obtain a certificate of environmental compatibility for its planned 200 megawatt (MW) expansion of its Black Mountain Generating Station in Mohave County. The Commission’s decision illegally exempts UNSE from obtaining a certificate for the project, allowing it to avoid a critically important environmental review process.
In March 2024, UNSE proposed adding 200 MWs of new methane gas at its Black Mountain Generating Station. The utility argued that the Commission lacked jurisdiction over the project, claiming that the expansion project did not require environmental review. The Commission accepted UNSE’s argument that the expansion should be considered four separate 50 MW power plants rather than one 200 MW power plant. This incorrect interpretation of Arizona’s Siting Statute has effectively exempted most new gas peaking plants from environmental review by the Commission, stripping the Siting Committee of its authority to regulate most new gas plants proposed today.
In July, Sierra Club requested rehearing of the Commission’s decision, but the Commission ignored that request. Now, Sierra Club is requesting that the Superior Court invalidate the Commission’s illegal attempt to rewrite the statute and uphold the existing process for environmental review of new power plants which has been followed for over 50 years.
“When the Commission voted to exempt UNSE’s project from environmental review, it overturned the existing environmental review process for gas plants that has been followed for decades, setting a dangerous precedent,” said Sierra Club Grand Canyon Chapter Director, Sandy Bahr. “It’s up to the Superior Court to correct the Commission’s catastrophic decision that would have detrimental impacts for our air, our water, and our communities.”
About the Sierra Club
The Sierra Club is America’s largest and most influential grassroots environmental organization, with millions of members and supporters. In addition to protecting every person's right to get outdoors and access the healing power of nature, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.