Southwestern Paint & Varnish Co. v. Arizona Department of Environmental Quality

¶23 Today the majority rejects a longstanding judicial interpretation of the statutes that control this action. While I disagree with much of the majority’s analysis, my greater concern lies with the impact of the decision upon the Administrative Procedure Act (APA),1 recently adopted and amended by the Arizona legislature, and eon-current amendments to the Administrative Review Act (ARA).2 Through the adoption and amendments, discussed below, the legislature attempted to clarify the circumstances under which a party to an administrative proceeding must file a petition for rehearing as a…