GOLDEN VALLEY — The Arizona Corporation Commission’s decision regarding UniSource Electric Inc.’s application for a disclaimer of jurisdiction related to the Black Mountain Generating Station is poised for legal challenges. In March, UniSource submitted a request to authorize the addition of four new 50-megawatt natural gas units, asserting that it is exempt from the requirement to obtain a certificate of environmental compatibility since the project does not classify as a power “plant” under state law.

The commission’s ruling on June 11 has triggered applications for rehearing from the Arizona Office of the Attorney General and several environmental advocates, including the Sierra Club and Arizona Solar Energies Association. These groups argue that the ACC’s updated stance undermines essential environmental protections that have been in place for decades.

Richie Taylor, communications director for the state Attorney General’s Office, stated, “The Attorney General’s Office is currently considering our steps in this matter,” but refrained from elaborating further. Meanwhile, Sandy Bahr, director of the Sierra Club’s Grand Canyon Chapter, expressed concern over the precedent set by this decision, stating, “This really is horrible precedent and a bad direction. We should be demanding more accountability from utilities, not less.”

Moreover, the ACC’s June decision reverses an earlier vote made by the Power Plant and Transmission Line Siting Committee, which had rejected UniSource’s proposal. Opponents fear this reversal may erode over 50 years of regulatory standards governing the environmental review process for new fossil fuel generation.

Autumn Johnson, executive director of the Arizona Solar Energies Association, emphasized the broader implications of this ruling. “It sets a dangerous precedent for states to disclaim jurisdiction over environmental reviews,” she argued, highlighting concerns for public health and climate impacts in the region, particularly in relation to air quality.

Bahr called attention to the gaps in community impact assessments resulting from this decision. She pointed out that issues like noise pollution and water usage—the latter of which remains poorly regulated in Mohave County—are unlikely to be adequately addressed outside the Certificate of Environmental Compatibility process.

“The environment is the place we live, and this decision is an anti-community decision,” Bahr remarked. “By shutting down this process, they are shutting down communities,” encapsulating the sentiment that environmental considerations are integral to community health and welfare.