No CAWS for Concern: Arizona Is Not Running Out of Water

No CAWS for Concern: Arizona Is Not Running Out of Water

Arizona State Law Journal Blog
By Seth Young. Is Arizona running out of water?  Based on recent headlines about Arizona, a fair guess would be true.  Over the past year, two incidents have fueled the misconception that Arizona is running out of water: 1) the moratorium on certain permits to build in the Phoenix area because of a groundwater shortage and 2) the Rio Verde water crisis.  As a direct result, a growing sentiment has emerged that life in the Sonoran Desert is unsustainable, and it is “concerning” that Americans have attempted to settle the area. Nevertheless, a closer look at both issues reveals that Arizona is not running out of water but is encountering the age-old pitfall of poor planning.Arizona Water Law From 34,000 FeetArizona has a remarkably well-adapted legal regime for its water supply.…
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Dealing in Settlements: Arizona’s Efforts to Combat the Opioid Epidemic

Dealing in Settlements: Arizona’s Efforts to Combat the Opioid Epidemic

Arizona State Law Journal Blog
By Alexandra Van der Gaag. National Opioid Lawsuits and SettlementsSince 2014, attorneys general across the nation have been filing lawsuits against drug manufacturers, distributors, pharmacies, and other associated parties in an attempt to combat the opioid epidemic and recover related costs. In these suits, plaintiffs claim that “drug manufacturers and distributors improperly marketed and distributed opioids to states, cities, and towns across the United States” while failing to properly caution the public about the associated risks. This improper marketing and distribution led to the deaths of hundreds of thousands of US citizens.In July 2021, attorneys general in 14 states reached a settlement agreement with Johnson & Johnson, AmerisourceBergen, Cardinal Health, and McKesson, in which the manufacturer and distributors would pay the government $26 billion and comply with certain injunctive remedies. Pursuant…
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S.B. 1066: Are We Shutting Down Solar?

S.B. 1066: Are We Shutting Down Solar?

Arizona State Law Journal Blog
By Natalie Heun.  Solar energy is booming in Arizona. The sunny Grand Canyon State consistently ranks among the highest in the country for most solar energy potential and is on track to install over 10,000 megawatts by 2028. The continued growth of solar energy is important in mitigating the effects of climate change. The United States’ continued reliance on fossil fuels for energy production has made the fossil-fuel-based electric power sector the second-largest source of greenhouse gas emissions in the country, amounting to a whopping 25% of our total emissions. Switching from fossil fuels to clean renewables like solar can help greatly reduce these numbers at a time when we need it most. Therefore, supporting solar development in one of the sunniest states in the country makes good sense. However,…
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Unveiling Arizona H.B. 2312: A Closer Look at Doctor Misconduct

Unveiling Arizona H.B. 2312: A Closer Look at Doctor Misconduct

Arizona State Law Journal Blog
By Kyndal Pirtle Calhoon. Imagine that your doctor, unbeknownst to you, had once operated on the wrong limb during a surgery. Or, showed up to the office while intoxicated. Or sexually harassed, fraudulently billed, or violated the privacy of a patient. Would you, as a member of the general Arizona public, deserve ready access to such information? According to one Arizona legislator, perhaps not. In the ever-evolving landscape of healthcare legislation, Arizona has recently made headlines with the introduction—and subsequent stalling—of House Bill 2312 (H.B. 2312). The bill addresses a critical aspect of the medical field: exposing doctor misconduct.H.B. 2312, introduced by Representative Patty Contreras and co-sponsored by nine other Representatives, aims to enhance transparency and accountability within the medical profession. Specifically, the bill seeks to extend the period during which…
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<em>Texas v. New Mexico</em>: How the Court’s Decision for the Rio Grande May Affect Colorado River Negotiations

Texas v. New Mexico: How the Court’s Decision for the Rio Grande May Affect Colorado River Negotiations

Arizona State Law Journal Blog
By Kyra Haas.  The United States Supreme Court’s forthcoming decision in Texas v. New Mexico and Colorado may drastically change the federal government’s involvement (or lack thereof) in how states form agreements with other states regarding water resources.  A deadline looms large over Arizona and the other six Colorado River Basin states to devise new plans for the Colorado River, and Texas v. New Mexico threatens to inject unnecessary uncertainty into ongoing negotiations. The current rules for how Colorado River water is allocated are set to expire in 2026. Unless the states come together and put forward an agreement for federal approval, they run the risk of the federal government making decisions for them. If the Supreme Court allows the federal government to undo the interstate agreement at issue in…
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Speak No Evil, Hear No Evil: Arizona Executive Order 2023–13 and the Future of Conversion Therapy Bans for Minors in Arizona

Speak No Evil, Hear No Evil: Arizona Executive Order 2023–13 and the Future of Conversion Therapy Bans for Minors in Arizona

Arizona State Law Journal Blog
By Brock Meyer. Arizona, few may know, has a legacy within the LGBTQ+ civil rights movement: it’s the birthplace of the tricolor trans rights flag, designed by longtime Phoenix resident and trans woman, Monica Helms. Regardless of the flag’s fame, Arizona’s LGBTQ+ protections are limited, especially within the realm of conversion therapy.Conversion therapy, which seeks to convert LGBTQ+ individuals to straight and cisgender identities, involves draconian medical practices categorically rejected by the professional medical community. State legislatures throughout the U.S. have enacted conversion therapy bans to protect youth from these harmful practices. Interest groups have met this expansion with constitutional challenges decrying government overreach impinging citizens’ freedom of speech. On June 27th, 2023, Arizona Governor Katie Hobbs passed Executive Order 2023-13, “Protecting Young People from Conversion Therapy.” As Arizona develops its…
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H.B. 2400: School Safety Bill Fails To Prioritize Student Mental Health

H.B. 2400: School Safety Bill Fails To Prioritize Student Mental Health

Arizona State Law Journal Blog
By Abbie Conrad.  In a unanimous decision earlier this year, the Arizona House Education Committee approved House Bill 2400, a bill that would change Arizona’s current school safety grant program. The bill’s provisions originally expanded the resources supported by the program to include “school safety officers, school psychologists, and the costs of purchasing safety technology, safety training and infrastructure improvement for school campuses.” However, there is recent controversy around an amendment to the bill added by the committee’s chair, Republican Representative Beverly Pingerelli, which excludes school psychologists from the lists of eligible grant recipients.  Arizona School Safety Program Arizona’s school safety program is codified in Arizona Revised Statute § 15-154. According to the statute, the “program is established within the department of education to support, promote and enhance safe and…
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Nonhuman Personhood: Recognizing Liberty Interests for Highly Sentient Animals

2023, Current Issue, Print, Volume 55 (2023) Issue 4 (Winter)
By Mackenzie Holden. In 2003, relatives of a deceased elephant were seen pushing and pulling her body for nearly a week following her death. In 2016, footage captured a group of elephants standing over the dead body of an elephant they knew, seemingly mourning her. In fact, elephants, known for their complex social bonds and familial relationships, have been observed grieving their dead in numerous instances. For example, researchers have seen elephants scattering their family members’ bones, raising a foot over and lightly touching an elephant body with their trunks, and lingering near an elephant carcass for prolonged periods of time. Indeed, elephants, having the largest relative cerebellum size of all mammals, possess intelligence comparable to chimpanzees and have complex social behaviors. Full Article.
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Unifying Outer Space: Creating a Cohesive Structure Surrounding Mining on the Moon

2023, Current Issue, Print, Volume 55 (2023) Issue 4 (Winter)
By Alex S. Li. In light of the renewed global interest in Earth’s sole natural satellite, this Article ventures into the intricate legal dynamics shaping the development of a lunar mining industry.It starts by illuminating how various models of Outer Space governance can influence three critical aspects of lunar mining: (i) resource ownership rights, (ii) adherence to a non-interference policy, and (iii) commitment to environmental protection. The analysis encompasses a range of legal structures, including (a) the U.N. Outer Space treaties; (b) Alliance-based frameworks such as the Artemis Accords led by the United States, the International Lunar Research Station driven by China, the Principles proposed by the Moon Village Association, and the Building Blocks Framework spearheaded by the Hague International Working Group; as well as (c) national legislations related to space…
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What Gets Measured Gets Managed: The Case for Bypassing Notice-and-Comment Rulemaking for Measure Maintenance

2023, Current Issue, Print, Volume 55 (2023) Issue 4 (Winter)
By Ashley Liu. Suppose that Aaron is an ophthalmologist who lives and works in the San Francisco Bay Area. In his flourishing private practice, Aaron mostly performs routine cataract surgeries. This is perhaps unsurprising, as cataract extractions are some of the most commonly performed surgical procedures. For every cataract surgery, Aaron always follows a detailed checklist and has at least one assisting staff member.Now, suppose that Daniel is another ophthalmologist who lives in relatively rural Amherst, Massachusetts. Daniel does not employ any nurses or anesthesiologists; he operates alone. Also, because Daniel performs cataract surgeries significantly less often than Aaron, he has no standardized operating procedures.Aaron and Daniel both make a living by performing the same twenty- minute cataract extraction procedure, but they vary dramatically in how they do so. Similar variation…
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