{"id":472317,"date":"2021-04-06T20:15:04","date_gmt":"2021-04-07T00:15:04","guid":{"rendered":"http:\/\/www.marketnewsdesk.com\/?p=472317"},"modified":"2021-04-06T20:15:04","modified_gmt":"2021-04-07T00:15:04","slug":"ncla-amicus-brief-asks-arizona-supreme-court-to-reject-agency-deference-in-ratemaking-lawsuit","status":"publish","type":"post","link":"https:\/\/www.marketnewsdesk.com\/index.php\/ncla-amicus-brief-asks-arizona-supreme-court-to-reject-agency-deference-in-ratemaking-lawsuit\/","title":{"rendered":"NCLA Amicus Brief Asks Arizona Supreme Court to Reject Agency Deference in Ratemaking Lawsuit"},"content":{"rendered":"

\nSun City Home Owners Association v. Arizona Corporation Commission, et al.
\n<\/h2>\n
\n

Washington, D.C., April 06, 2021 (GLOBE NEWSWIRE) — Today, the New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, filed an\u00a0amicus\u00a0<\/em>brief<\/a>\u00a0in support of petitioners in\u00a0Sun City Home Owners Association v. Arizona Corporation Commission<\/em>. The brief asks the Arizona Supreme Court to interpret the statutory or regulatory texts for itself rather than deferring to the interpretation of an administrative agency. NCLA argues that the Arizona Court of Appeals erred in its January 2020 ruling by giving \u201cextreme deference\u201d to the Arizona Corporation Commission (ACC) in violation of both the state and federal constitutions. The ruling led then-Chief Judge Michael J. Brown, to pen a sharp\u00a0dissent<\/a>\u00a0calling out the\u00a0majority\u2019s error<\/a>\u00a0in \u201cgiving virtually absolute deference\u201d to ACC.<\/p>\n

Agency deference requires judges to abandon their duty of independent judgment and violates the due process clauses of the Arizona Constitution and the Fourteenth Amendment of the U.S. Constitution by commanding judicial bias toward one litigant. In this case, it compels judges to abandon their independence by giving controlling weight to ACC\u2019s opinion of what a statute means, not because of the persuasiveness of ACC\u2019s argument, but rather based solely on the fact that this administrative entity has addressed the interpretive question before the Court.<\/p>\n

ACC provided individual wastewater service rates to five separate wastewater districts within the Phoenix Metropolitan area. ACC later consolidated these districts and applied a flat wastewater rate for all customers in the new district, an action challenged by customers in the rate discrimination lawsuit. The ruling by the Arizona Court of Appeals against the petitioners suggested that because ratemaking is a function entrusted to ACC by the Arizona Constitution, the Court would \u201cgenerally presume\u201d ACC\u2019s actions are constitutional.<\/p>\n

The Arizona Supreme Court should declare agency deference unconstitutional and provide its own interpretation of relevant statutory or regulatory text.<\/p>\n

\n Oral argument<\/a>\u00a0is scheduled before the Arizona Supreme Court for May 18 at 9:30 am MST.<\/p>\n

\n NCLA released the following statement:<\/strong>\n <\/p>\n

\u201cACC\u00a0might enjoy a particular psychological hold over Arizonans, but it holds no special status under the Arizona Constitution. It is certainly not above the law. Like all Arizonans and the state agencies that serve them, when\u00a0ACC\u00a0appears before Arizona courts, it is an ordinary litigant that must follow the rule of law. The Arizona Supreme Court does not owe\u00a0ACC\u00a0any special consideration that it does not owe every other litigant.\u201d
\u2014\u00a0Adi Dynar, Litigation Counsel, NCLA<\/strong><\/p>\n

\n For more information about this case visit\u00a0<\/strong>
\n here<\/a>.<\/p>\n

\n ABOUT NCLA<\/strong>\n <\/p>\n

\n NCLA<\/a>\u00a0is a nonpartisan, nonprofit civil rights group founded by prominent legal scholar\u00a0Philip Hamburger\u00a0<\/a>to protect constitutional freedoms from violations by the Administrative State. NCLA\u2019s public-interest litigation and other pro bono advocacy strive to tame the unlawful power of state and federal agencies and to foster a new civil liberties movement that will help restore Americans\u2019 fundamental rights.\u00a0\u00a0<\/p>\n

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