Fortescue, a global leader in green energy, recently announced the official launch of its first U.S. green hydrogen production facility, Arizona Hydrogen, in Buckeye, Arizona.

Fortescue Executive Chair and Founder Dr. Andrew Forrest AO, along with state, local, and tribal leaders, were on-site recently to celebrate the significant milestone, which included a soil turn ceremony and renaming of the facility.

In his remarks, Forrest commended the Biden administration鈥檚 efforts in promoting the energy transition but highlighted the need for supportive policies to accelerate progress in green energy initiatives.

鈥淭he U.S. has made serious strides in attracting global investment in green hydrogen and decarbonization projects, like Fortescue鈥檚 solar and wind-powered Arizona Hydrogen facility,鈥� Forrest said. 鈥淔ortescue is unashamedly a first-mover in this space; the world needs us to move quickly.鈥�

Potential speedbumps

But Forrest also expressed concerns about potential regulations that could hinder the industry鈥檚 growth and limit economic opportunities. He urged for policies that encourage rather than restrict progress in sustainable energy production.

鈥淭here are rules right now under consideration with the Biden Administration that would make already announced projects like this one dramatically more expensive and smaller, resulting in fewer economic opportunities and slower progress on decarbonization,鈥� he said. 鈥淚 support the Biden administration鈥檚 goal to produce hydrogen in a way that prioritizes sustainability, however 45V, in its current form, is a straitjacket on the industry and works against the Biden Administration鈥檚 own climate goals.鈥� 

45V is a tax credit created in 2022 following the passage of the (IRA) that incentivizes the production of hydrogen by reducing the tax burden on eligible producers. 

Good news for jobs

According to economic projections from NDP Analytics, the Arizona Hydrogen facility is expected to create significant employment opportunities and economic benefits for the region. 

During its construction phase, the facility could generate up to 2,244 jobs, with potential earnings of $124.2 million in wages. It is anticipated to contribute $187.8 million to Arizona鈥檚 GDP and generate $31.7 million in income and sales taxes for state and local governments.

Once operational, Arizona Hydrogen will sustain 40 high-paying jobs directly, with a potential total of 431 direct, indirect, and induced jobs, contributing $29.3 million in wages. The facility is projected to add $59.2 million to Arizona鈥檚 GDP annually, along with $9.1 million in income and sales taxes for state and local governments.

Shrinking transportation鈥檚 carbon footprint

Arizona Hydrogen鈥檚 strategic focus on green hydrogen production aligns with efforts to decarbonize the heavy-duty transportation sector. The facility aims to produce up to 11,000 tons of liquid green hydrogen annually, making significant strides in reducing emissions in the mobility sector.

Governor Stephen Roe Lewis of the Gila River Indian Community and Buckeye Mayor Eric Orsborn expressed enthusiasm for the project鈥檚 potential impact on sustainability and economic growth in Arizona.

鈥淚n recognizing and honoring the traditional lands of the Akimel O鈥檕tham and Pee Posh people, we have a profound connection and shared responsibility as stewards of the earth. Companies like Fortescue are helping to pave the way for a more sustainable and equitable future for our generations to come,鈥� Lewis said.

鈥淏uckeye is happy to welcome Arizona Hydrogen to the Sustainable Valley. Fortescue鈥檚 investment in our community helps Buckeye, and the entire state of Arizona, continue to grow efficiently and sustainably for generations to come,鈥� Orsborn said.

Sandra Watson, president and CEO of the Arizona Commerce Authority, echoed these sentiments, highlighting Arizona Hydrogen鈥檚 role in strengthening Arizona鈥檚 position as a national leader in sustainability and clean energy technologies

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This opinion column by Arizona 小红帽直播app of Commerce & Industry President and CEO Danny Seiden originally in The Phoenix Business Journal. 

As an Arizona sports fan, I can鈥檛 help but lament that in , we鈥檝e lost our place among the handful of markets that could claim a franchise in the highest levels of football, baseball, basketball, and hockey. There was a sense of civic pride 鈥� at least for those of us who care about sports 鈥� for being part of such an exclusive club.  

As the leader of a business organization, I鈥檓 disappointed about the loss of a prominent business. We don鈥檛 often think of our sports franchises when we think of leading job creators, but we should.  

Not only do our teams employ well-compensated athletes and front office staff, but they鈥檙e also the enterprises behind stadium and arena workers鈥� jobs. They add to concessionaire and restaurateurs鈥� bottom line. They move merchandise for our retailers. Maybe most of all, they鈥檙e an integral part of the state鈥檚 brand beyond our borders. 

When your team is on national TV 鈥� like the , or the Suns in the playoffs 鈥� it鈥檚 publicity that even the best tourism marketing campaign can鈥檛 buy. 

Few markets have as much to offer as Phoenix and all of Arizona.  

We have outstanding MLB, NFL, and NBA franchises that are contributing to the Valley and state鈥檚 economic health. Consider the new multimillion-dollar Suns practice facility and the Mercury鈥檚 new , also home to the teams鈥� new offices.  

We鈥檝e rightly earned a sterling reputation for hosting mega events like Super Bowls, college football bowl games, World Baseball Classics, All-Star games, two NASCAR weekends and, as we proved earlier this month, . The Footprint Center will host the women鈥檚 edition in 2026. This summer, Phoenix is home to the WNBA All-Star Game, and will host the NBA All-Star Game in 2027.  

All of that鈥檚 on top of our annual Cactus League that welcomes fans from all over the country to 10 modern stadiums all within a 45-minute drive of one another, and signature PGA Tour and PGA Champions Tour events like the WM Phoenix Open and the Charles Schwab Cup Championship.  

It all adds up to hundreds of millions of dollars in positive economic impact and created by sports and sports tourism. 

Arizona has been on the receiving end of teams that relocated. Now we鈥檙e the ones saying goodbye. Some markets have gotten a team back. The NHL returned to Winnipeg, for example, after shipping the Jets to Phoenix in 1996, but another market 鈥� Atlanta 鈥� lost a team for that to happen. Other markets haven鈥檛 been so lucky, just ask fans of the Hartford Whalers or Quebec Nordiques. Does anyone think the NFL will return to St. Louis?  

Don’t let the D-backs slip away

To ensure we don鈥檛 find ourselves in this predicament again, there are a few things that we as a business community need to commit to doing: 

It鈥檚 not a guarantee, but I鈥檓 going to assume that the hockey ownership group will win the auction in June for the land where it wants to put a new arena. Once that鈥檚 done, the cooperation from the city of Phoenix must be seamless. We can鈥檛 afford to slow-walk permits or bog the project down with needless studies and analyses. Where there鈥檚 red tape, it has to be cut. 

Take nothing for granted. We鈥檝e lost a franchise. Don鈥檛 think it can鈥檛 happen again. Just ask Oakland and San Diego what happens when teams start looking for the exit. It鈥檚 demoralizing and leagues get skittish about placing another team in a soft market.

With that in mind, let鈥檚 get serious about finding a solution for the Diamondbacks, whose . Whether it鈥檚 a modernization of the downtown ballpark or a new home, we can鈥檛 let them leave. Let鈥檚 not delude ourselves into thinking Salt Lake couldn鈥檛 pick our pocket again.

The D-backs are the type of corporate citizens other communities would welcome with open arms. Who wouldn鈥檛 want a business responsible for contributing more than $85 million to charitable partners and whose most recent post-season success generated more than $100 million in positive economic activity?  

Maricopa County voters in 2000 passed Proposition 302, which established the mechanism that allowed State Farm Stadium to get built and maintained. We should at least consider the best model for a stadium solution for the Diamondbacks. 

Lawmakers and the governor should commit to recapitalizing the mega events fund, the account that helps host committees put together the bid packages to lure big events like Super Bowls and college championships.  

Our sports franchises are important members of the Arizona business community and an immense point of pride. Let鈥檚 resolve to secure another NHL club and ensure that our current teams know they鈥檙e welcome and valued.

Danny Seiden is president and CEO of the Arizona 小红帽直播app of Commerce & Industry.

Photo Picasa

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Sixteen Arizona middle-schoolers on Friday took center stage at the Arizona competition of the National Civics Bee, showing off not only their knowledge of American civics, but also their creative ideas for tackling some of their communities鈥� most pressing challenges.

Held at the Flinn Foundation in central Phoenix, the event was a collaboration of the Arizona 小红帽直播app Foundation and the U.S. 小红帽直播app Foundation.

Arizona a leader in civics education 

Danny Seiden, president and CEO of the Arizona 小红帽直播app of Commerce & Industry, spoke of Arizona鈥檚 distinction as the first state in the country to mandate a civics exam for high school graduation and shared his belief in the critical role of civic education. 

Participants were selected by their local chambers of commerce in Gilbert, Queen Creek, Tucson, and Yuma County.

鈥淎s chamber leaders, together with our member businesses, we are committed to helping Arizona remain a terrific place not just to do business but to live and raise a family.鈥� Seiden said. 鈥淭his competition gives all businesses a way to show their support for civic education and help inspire a new generation of civic leaders in Arizona.鈥� 

鈥淎merica鈥檚 democracy depends on informed, active citizen participation. The National Civics Bee is a way to ensure a high-quality, non-partisan learning and civic engagement experience for students,鈥� Arizona 小红帽直播app Foundation President and CEO Eileen Klein said. 鈥淎nd it鈥檚 a way to help elevate the importance of civic education statewide.鈥�

The event 

The event began with two rounds of multiple-choice questions that tested the depth of the students鈥� knowledge on topics ranging from each branch of government鈥檚 unique role, important Supreme Court decisions, the Federalist Papers, the Constitution, and more.

In the final round, five finalists presented to an all-star panel of judges a short proposal to solve an issue facing their community.

A gubernatorial proclamation

Emcee Kim Covington, the vice president for community initiatives at the Arizona Community Foundation, read a proclamation from Gov. Katie Hobbs, which said, in part, that 鈥渃ivics education is essential to prepare students with the knowledge and skills to participate as informed members of their communities.鈥�

The governor declared May 3, 2024 as Civics Bee in Arizona Day.

The judges

• State Supreme Court Justice Kathryn King
• State Rep. Jennifer Pawlik (LD-13)
• Liam Julian, Director of Public Policy for the Sandra Day O’Connor Institute for American Democracy
• Nicole Bidwill, Vice President, Arizona Cardinals
• Dawn Wallace, Vice President for Civic Leadership, Flinn Foundation

The winner

Aiden Barraza, from Saint Francis Xavier, will represent Arizona at the National Civics Bee competition in Washington, D.C. this fall. 

For winning the Arizona competition, Aiden not only earned a spot in the national competition but also walked away with a $1,000 prize.

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BASIS-Peoria was rated the nation鈥檚 #1 public high school, and a dozen Arizona schools scored among the country鈥檚 100 best, according to.

Among all states, Arizona and Florida tied for the most public high schools ranked among the Top 100 nationally.

鈥淭his independent analysis by U.S. News & World Report confirms what we already knew: Arizona has some of the best public schools in the country,鈥� Jake Logan, President & CEO of the Arizona Charter Schools Association, said in a statement. 鈥淲e congratulate BASIS and each of Arizona鈥檚 outstanding public charter and district schools for getting the recognition they deserve. This is truly a testament to Arizona鈥檚 excellent teachers and school leaders.鈥�

The highly-anticipated U.S. News rankings are released annually and include a review of approximately 25,000 public high schools across all 50 states. graduation rate, curriculum, test performance, college readiness, academic achievement by low-income students and students of color, and other factors.

The BASIS charter network had 10 schools that rated among the nation鈥檚 100 best. University High School, in Tucson, was Arizona鈥檚 highest-ranked district school and was rated #81 nationally.Public charter schools accounted for, according to the rankings.

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The Phoenix Airport system has a positive economic impact of more than $44 billion per year according to from the W.P. Carey School of Business at Arizona State University. 

The system, which in addition to Phoenix Sky Harbor includes airports in Deer Valley and Goodyear, supports more 246,000 direct and indirect jobs with a payroll of nearly $15 billion annually. 

The study captured data from 2022, when domestic and international travel was still very much in pandemic recovery, and yet the study shows upticks in economic output, worker wages, and visitor spending compared to a previous study in 2016. 

By the numbers 

• Visitor spending: increased 12% from 2016 to 2022, or $5.8 billion to $6.5 billion.
• Spending by domestic visitors: An estimated $831 per visitor per trip.
• Spending by international visitors: $1,002 per visitor per trip.
• Jobs at Sky Harbor: More than 47,000
• Domestic destinations from Sky Harbor: More than 120.
• International destinations from Sky Harbor: 25.

From the Mayor鈥檚 Office 

鈥淭he Phoenix Airport System is a critical asset to our community and state, and this new study underscores how vital it is to our economy,” Phoenix Mayor Kate Gallego said. 鈥淧hoenix is thriving in no small part thanks to our airports, and our continued investment in them creates jobs, supports both local and global businesses, connects Phoenicians to worldwide opportunities, and leaves visitors with a desire to come back to the Valley.鈥� 

From the business community 

• 鈥淎rizona has all the bragging rights when it comes to its flagship international airport,鈥� Arizona 小红帽直播app of Commerce & Industry president and CEO Danny Seiden said. 鈥淚t鈥檚 modern, convenient, affordable, and offers destinations across the country and around the globe. Sky Harbor and the Phoenix Airport system is an indispensable part of the Arizona economy.鈥� 

• 鈥淎s frequent travelers know, we鈥檙e so fortunate to call Phoenix Sky Harbor International our home airport. But we鈥檙e not the only ones who think so,鈥� Arizona Lodging and Tourism Association President and CEO Kim Sabow said. 鈥淚n The Wall Street Journal鈥檚 of best airports, Sky Harbor landed in the no. 1 slot, and for good reason. With comparatively few delays, great service and amenities, and plenty of destinations, what鈥檚 not to like?鈥� 

Bright horizons ahead 

• During her State of the City address last week, Gallego said Phoenix is in the planning stages for a brand-new terminal.
  
• In May, a new nonstop flight between Paris and Phoenix will join London and Frankfurt among the nonstop routes to Europe.

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The Federal Trade Commission on Tuesday voted to ban noncompete agreements. The ban would prohibit new noncompete agreements for every employee and mandate that companies inform both current and former staff that they won鈥檛 be enforcing such agreements. Additionally, businesses will be obligated to revoke existing noncompete agreements for the majority of their employees. Senior level executives鈥� agreements, however, may remain intact. 

The FTC view

Commission members backing the ban argue that noncompete agreements are unfair for workers. 

鈥淚t is so profoundly unfree and unfair for people to be stuck in jobs they want to leave, not because they lacked better alternatives, but because noncompetes preclude another firm from fairly competing for their labor,鈥� FTC Commissioner Rebecca Slaughter (D) said. 

The chairwoman of the FTC argued that the ban will foster new business formation.

鈥淣oncompete clauses keep wages low, suppress new ideas, and rob the American economy of dynamism, including from the more than 8,500 new startups that would be created a year once noncompetes are banned,鈥� said FTC Chair Lina M. Khan. 鈥淭he FTC鈥檚 final rule to ban noncompetes will ensure Americans have the freedom to pursue a new job, start a new business, or bring a new idea to market.鈥�

Businesses strongly disagree

Business groups blasted the rule, arguing that noncompetes are important to the protection of intellectual property and that the FTC lacks the authority even to issue such a ban. 

Bills have been introduced in Congress to reform noncompete agreements, but no authority has been explicitly granted to the FTC. 

Suzanne Clark, president and CEO of the U.S. 小红帽直播app of Commerce said that the ban is 鈥渁 blatant power grab that will undermine American businesses鈥� ability to remain competitive.鈥�

Melissa Holyoak and Andrew Ferguson, two of the agency鈥檚 Republican commissioners, echoed these sentiments. 

鈥淲e are not a legislature,鈥� Ferguson . 鈥淚 do not believe we have the power to nullify tens of millions of existing contracts.”

In a press release from the National Association of Manufacturers, the organization that the ban is 鈥淯nprecedented and threatens manufacturers鈥� ability to attract and retain talent. In addition, today鈥檚 action puts at risk the security of intellectual property and trade secrets 鈥� anathema to an industry that accounts for 53% of all private-sector R&D.鈥� 

The Arizona 小红帽直播app of Commerce & Industry called it 鈥渇ederal overreach at its finest.鈥�

Read more

Arizona 小红帽直播app President and CEO Danny Seiden in a column last year when the ban was originally floated by the FTC, said, 鈥淭he proposed rule stretches the agency鈥檚 mission to the point of absurdity and seeks to unilaterally reinterpret the section of the Federal Trade Commission Act on 鈥榰nfair methods of competition,鈥� never mind what the pesky legislative branch or the 50 states might have to say on the subject.鈥�

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小红帽直播app sat down recently with Benji Backer, the founder of the American Conservation Coalition and the author of The Conservative Environmentalist: Common Sense Solutions for a Sustainable Future, which was released Apr. 16. Part 1 of the interview is here. Part 2 follows.

小红帽直播app: You鈥檙e the author of a new book, The Conservative Environmentalist: Common Sense Solutions for a Sustainable Future. What鈥檚 your book about? 

Benji Backer: I鈥檝e spent the last seven years traveling to hundreds of communities, rural and urban, to find solutions to environmental challenges and see the realities and complexities firsthand. This book is a culmination of all those experiences and partnerships with amazing organizations and people to basically build out this alternative path on environmental action. 

The book details why this issue became so divided, and how that鈥檚 unnecessary, but most importantly it talks about what sort of solutions people could agree on and what short term wins we can ally on to protect our environment. 

Those things include things that aren鈥檛 that sexy or exciting compared to what has been proposed in headlines like 鈥渄rill, baby drill,鈥� or banning fossil fuels. But there are a ton of common-sense solutions that are outlined in the book that we could pursue right now, while also leaning on entrepreneurship, innovation, the growth of technology, and ingenuity in this country and across the world to solve the remainder of the challenge. 

It basically charts that alternative approach. And it calls on our leaders to do that, too. 

CBN: Are there some small wins to be had? 

Bracker: We cannot solve environmental challenges without incrementalism. This is a walk, then jog, then run, approach. Overhauling people鈥檚 lives will never be a sustainable way forward because people will never adopt that. People will always push back.  

We need to create solutions that work for people and the planet. We need to be lowering costs and increasing efficiency. We need to make people鈥檚 lives better with the solutions, otherwise it will never be adopted here or anywhere else around the world.  

So, that means incrementalism and getting some wins under our belt, getting the momentum in the right direction. And thankfully, we already have. The United States is leading the world in reducing carbon emissions. We have not done enough, but we are moving in the right direction,

CBN: Chapter 2 is titled, 鈥淪treamlining the Complicated Role of Government in the New Green Economy.鈥� Tell us about your argument there. 

Backer: Contrary to popular belief, the government has actually stood in the way of clean energy development and pro-environmental projects. It takes 10 years for an offshore wind developer or a geothermal company to get approved. You have forest owners who cannot manage their forests because of government regulation that results in massive wildfires. 

I鈥檓 not saying that we should just take a hands-off, laissez faire approach to solve environmental challenges. But the government can also overstep its bounds and stand in the way of progress. And that鈥檚 what鈥檚 happening right now in a lot of ways. 

Even though it might not sound pro-environment to loosen regulations and allow people to manage forests and get energy projects deployed faster when they don鈥檛 have to go through as lengthy of an approval process, it actually will end up helping us. And you can see that as proof from other countries that are doing this way better than we are. You look at Europe and their ability to manage forests and deploy nuclear and other clean energy sources fast.聽

Benji Backer, Founder and Executive Chairman, American Conservation Coalition

CBN: To what extent should a regulation鈥檚 effect on business be considered before being adopted?聽

Backer: First, we have to turn this issue on its head; we should be relying on the private sector as the first place that we go for solutions, then we should be looking at the local government, then the state government, and then the federal government.  

Let鈥檚 say the government is an important part of an environmental solution in the energy space. It should be equipping and incentivizing the right behavior, not prohibiting, and regulating and mandating. 

When you put chokeholds on the economy, and you don鈥檛 push people in the right direction, you get bad results. 

I see the role of the government as supporting the right moves to create the marketplace for sustainable business, not to prevent against unsustainable business. We should be equipping companies to do the right thing rather than prohibiting them from doing the wrong thing.

CBN: On the topic of energy, coal is being phased out. Can natural gas and nuclear energy be part of a clean energy future? 

Backer: We can鈥檛 have a clean energy future without nuclear and natural gas. We need base load, 24/7 power, and we have to have reliable energy that doesn鈥檛 just work when the sun shines and the wind blows.  

There are a lot of parts of this country that aren鈥檛 sunny, and there are a lot of parts of this country that aren鈥檛 windy, and every part of this country that has a nighttime and doesn鈥檛 have wind or sun, so we need to be realistic about what energy sources we鈥檙e providing.  

We also have an obligation to middle and lower-class people to provide them with energy that is cost effective. Nuclear and natural gas do that in a way that also is pro-environment. 

If you replace coal with natural gas, you reduce emissions significantly worldwide. Again, that鈥檚 why the United States has reduced emissions.

People will use the energy sources that are the lowest cost option, and right now natural gas is a clean way to do that, a reliable way to do that. 

CBN: What are the opponents of nuclear and natural gas missing? 

Backer: Unfortunately, they鈥檙e missing reality. I think there鈥檚 a lot of ignorance and a lot of misinformation out there and oversimplification. 

To be anti-natural gas or nuclear is ignorant at best, and destructive 鈥� intentionally destructive at worst. 

I think it boils down for most well-intentioned people to ignorance, but also this kind of idea of NIMBYism. Not-in-my-backyardism. People don鈥檛 want even wind turbines or solar panels, but especially natural gas plants, or mining for uranium, or nuclear plants themselves in their backyards.  

But again, that demand is going to be met somewhere. So, if it鈥檚 not near you, it鈥檚 near someone else. And if it鈥檚 not near someone else, then it鈥檚 probably overseas where countries like China don鈥檛 care about their impact on the environment.  

CBN: There is a vocal counter argument to what you鈥檙e saying, which is that renewables are ready today to replace these sources. You seem skeptical of that. 

Backer: I wish renewables were ready today. I鈥檓 skeptical that they will ever be at the scale that people want them to be, but they鈥檙e not ready. They are not ready for mass adoption and to replace our energy portfolio. And people who are saying that renewables are ready to replace all other energy sources are flat out wrong and they鈥檙e either lying or they don鈥檛 know the realities.

Again, I wish that wasn鈥檛 the case. I don鈥檛 want it to come across to people that I am anti-renewables. There鈥檚 a reality here that is being missed by so many, and we, I think, forget as a country, how reliant we are on energy to survive. Intermittent, sparsely resourced energy sources are not the way forward. It would turn America backwards and harm our most vulnerable people. 

I hate when people use that as an argument to say that we don鈥檛 need renewables, because that鈥檚 not true, either. They have an important place at the table. But I also hate it when people say that that鈥檚 all we need, because that鈥檚 not true, and that鈥檚 even more damaging to society than saying that we don鈥檛 need them at all. 

CBN: Can we be good stewards of the land and still engage in industries like mining, drilling, and hydraulic fracturing? 

Backer: If humans didn鈥檛 exist on the earth with the population we have, then we wouldn鈥檛 have to have these tough conversations about tradeoffs.  

But I believe in humanity, and I believe in our ability to make this world a better place, and I believe our population can do a lot of good. And so, if we have the population we do, we will have demand for resources that constantly means we鈥檙e taking from the environment.  

We have to mine, no matter if that鈥檚 for uranium, for nuclear fuel, or lithium for EV batteries, or cobalt for solar panels, wind turbines, every single energy source product. 

Not all mining and drilling and taking from the environment is the same. We should have high standards. We should prioritize protecting the places that we鈥檙e not taking from. And we should be creating technologies to figure out how to take the least from the environment possible. 

CBN: When we think about policy in the environmental policy space, we often are dealing with the executive branch rulemaking regulations. Do you have an opinion on whether you鈥檇 like to see these issues be discussed in Congress or in the White House? 

Backer: I think the role of Congress is to find a bipartisan common ground on these issues. But the problem with relying on the federal government is that you allow it to be a political football. If it鈥檚 partisan, it鈥檚 inherently at risk of being undone. And I think Congress and the White House have an obligation. I don鈥檛 think President Biden has done a good job of this at all. And I don鈥檛 think President Trump did a good job of this at all, of working with the other side, to come up with solutions. 

CBN: When will we know whether your organization has achieved its goals? 

Backer: The moment that our organization, this book, this entire movement, has achieved its goals is the day that we return to cross partisan collaboration on the environment again.  

I believe nature is nonpartisan, and until our elected leaders understand that too, our movement has not worked. But once they do, we鈥檝e done our job, and it鈥檚 time to move forward on the solutions. But until Americans demand that they work together on this, they won鈥檛. 

That鈥檚 why I鈥檓 calling on all people, regardless of political ideology, to stand together and fight for these principles because we need it. We are in desperate need of a new environmental movement, and that new environmental movement will be successful when we鈥檙e seeing it in policy and when the environment is no longer part of our culture wars.

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In an by the Phoenix-based law firm Snell & Wilmer, the State of Arizona has been trying to advance a novel and troubling concept through a recent 鈥渢est case鈥�: holding corporate leaders personally liable when their company violates the law, even if they did not participate, know about, or approve of the underlying actions. This idea, known as the 鈥渞esponsible corporate officer doctrine,鈥� is a judge-made theory of liability similar to piercing the corporate veil. Adopting this doctrine would upend traditional legal protections and create uncertainty for business leaders across the state.聽聽

In State v. Tombstone Gold & Silver, Inc., the State of Arizona sued a mining company and three of its individual officers for violating a consent order. In its complaint, the State sought liability and damages against the officers under the responsible corporate officer doctrine even though the State had no evidence that the officers directed鈥攐r knew about鈥攅nvironmental law violations. In fact, the officers were not even parties to the consent order that the State accused them of violating. In other words, the State sought to establish a form of strict liability, where officers of the company were automatically personally liable for a company鈥檚 actions. 

Fortunately, the court quickly rejected the State鈥檚 argument, recognizing the State was trying to vastly expand liability for corporate officers. It noted that no published Arizona case has ever adopted the responsible corporate officer doctrine and declined to take the State鈥檚 invitation to expand officer liability beyond what the environmental law statutes already provide. It dismissed the officers from the case and invited a petition for their attorney fees and costs.  

The court was right to do so. The responsible corporate officer doctrine would not only erode the corporate structure鈥檚 safeguards but also deter investment and innovation in Arizona.   

Business leaders already make difficult decisions every day to manage risk, meet client needs, and deliver returns to shareholders. These tasks are difficult enough without having to worry about things outside their control resulting in personal liability. Introducing a blanket liability standard for actions beyond their control would only add unnecessary burdens and hinder economic growth. 

Arizona has worked hard to develop a reputation as a business-friendly state. Threatening corporate officers with personal liability for actions the officers did not direct risks this reputation. Further, it signals that Arizona may not be the predictable, stable, and reasonable policy environment to which businesses have grown accustomed.  

For now, corporate officers remain safe from the State鈥檚 attempts to erode the corporate form. Hopefully, Arizona鈥檚 courts keep it that way. 

Nate Curtisi is chief counsel for the Arizona 小红帽直播app of Commerce & Industry.

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小红帽直播app sat down recently with Benji Backer, the founder of the American Conservation Coalition and the author of The Conservative Environmentalist: Common Sense Solutions for a Sustainable Future, which will be released Apr. 16.

Here鈥檚 part 1 of our conversation. Portions have been edited for clarity.

小红帽直播app: What is the American Conservation Coalition?

Benji Backer: The American Conservation Coalition is an organization I started when I was at college at the University of Washington. The last 16 years I have been active in politics. My other passion is being in the outdoors, which led me to move to Arizona. I fell in love with the outdoors here. To me, when I’m in nature, the environment itself doesn’t seem political or partisan. and I became super frustrated that the narrative in environmental politics has been and was at the time basically like this Green New Deal alarmist, 鈥渢he world’s gonna end鈥�, or we need huge government action to overhaul the economy, or we should be doing nothing 鈥� that there’s no problem at all.

So, the American Conservation Coalition and this book aim to fill that gap by creating a grassroots community of young people like me 鈥� 40,000 of us now over 200 communities 鈥� in chapters that are pushing elected officials, business leaders, and decision makers to prioritize the environment in a way that is good for humanity, good for our economy, good for our individual lives, and allowing us to have individual liberty and prosperity at the same time. It鈥檚 basically creating an alternative environmental movement.

CBN: Do you anticipate the Coalition making its voice heard in the presidential election?

Backer: We feel like the presidential election this year and previous years has been an encapsulation of part of the problem, which is that the narrative is still kind of this doom and gloom. 鈥淲e need drastic action,鈥� versus 鈥渢hese issues don鈥檛 matter.鈥� 

We feel like, regardless of who wins, we need to make progress, and we need to do it in a common sense, realistic way. So, we鈥檙e not going to be weighing in on endorsing a candidate in the 2024 election.

We will be endorsing some congressional candidates 鈥� ones that have prioritized the environment and prioritized this kind of common sense, pro-economy approach. But at the presidential level, we just feel like it鈥檚 another election where, unfortunately, even though most Americans don鈥檛 believe the denial versus alarmist narrative, that鈥檚 unfortunately the narrative that we’re kind of having to buy into by choosing a candidate. So we鈥檙e just setting our sights on what we can accomplish after the election at the state and federal levels.

Benji Backer, Founder and Executive Chairman, American Conservation Coalition

CBN: Why do you believe conservatism, properly understood, goes hand in hand with conservation?

Backer: The conservatives used to lead environmental progress. You look back at Teddy Roosevelt, to Richard Nixon, to Ronald Reagan, and George H.W. Bush, those four presidents, all Republicans, led the most historic environmental initiatives of all time. The Clean Air Act, the Clean Water Act, the Endangered Species Act, creation of the EPA, creation of the National Park system as we know it, the largest marine sanctuary and public lands protections of all time. Those are all under those presidents.

Conservatism used to have conservation as a core pillar of its value system. But most importantly, there鈥檚 a reason for that. And the reason is, conservatives who tend to  be freedom loving Americans who appreciate the beauty of our country, love to recreate in nature. They’re often the hunters and fishermen and women. They鈥檙e the ranchers and the farmers. They鈥檙e the hikers and skiers and people who just love spending time outdoors. Of course they want to protect [the environment]. And, you know, conservatives tend to be more often than not located in rural areas, which are nestled in nature itself.

When you think about Arizona, or you think about any of the states in the West, the most conservative parts are parts in nature, and they have a personal stake in protecting the environment. So, what my message is, is that this issue used to be one that conservatives led on and it can be again. It鈥檚 an authentically conservative position, but it鈥檚 authentically a nonpartisan position as well. To me nature is nonpartisan 鈥� to me the environment is something that we all share.

CBN: Can the views and agenda of the American Conservation Coalition and those expressed in your book still have a home in today鈥檚 version of conservatism, which tends to be defined by the views and attitudes of the former president and his supporters?

Backer: I think the conservative movement has absolutely lost its way on these issues. This is a new problem, and it鈥檚 one that is so avoidable and unnecessary. 

The reason why Trump supporters and conservatives are so skeptical of environmental action is because they perceive that the only solutions are ones that are going to hurt them and take control of their lives. And what I鈥檓 trying to tell conservative leaders and voters is that that鈥檚 not the case. Just because you don鈥檛 like the other side鈥檚 ideas doesn鈥檛 mean that you can鈥檛 propose good ideas of your own. You should be playing offense and proposing good ideas.

I don’t think that it鈥檚 too late to turn the tide by any means, but I do think that it鈥檚 harmful when the president talks about the environment as basically a consumer good, and that we can just kind of tap into it as much as we want and that there aren鈥檛 any repercussions. I think he’s very misguided in that, and I think if he wants to show young people that he actually cares about them and this country, he changes his tune. 

This issue is going to be important past the time that Trump is relevant. This is going to be something that we have to fight for for decades, and my generation’s right and left isn’t going to tolerate environmental inaction.

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With regular committee hearings now wrapped up for the legislative session, the state Legislature returned to the Capitol Wednesday under a one-day-a-week schedule.聽

The House and Senate will conduct floor sessions to determine the fate of bills that have made their way through the committee process in both chambers, deciding whether to send them to the governor to be signed or vetoed. 

State budget 

The big remaining item on the to-do list is to hash out a fiscal year 2025 state budget amid a projected significant shortfall. The last Finance Advisory Committee report projected a combined fiscal year 2024 and fiscal year 2025 shortfall of $1.7 billion, although lawmakers will receive new FAC projections later today.

The budget picture means that legislators who are backing bills with big spending implications are facing major headwinds, as legislative leaders are looking to cut spending to bring the budget into balance. 

Bills that have been tagged as 鈥渕oney bills鈥� 鈥� meaning they would add new spending 鈥� are stalled in each chamber鈥檚 Rules Committee and won鈥檛 move to a floor vote unless they are folded into the multi-bill package that compromises the state budget.  

Agency continuations 

Also left for the Legislature to address are agency continuations. 

The Legislature periodically reviews whether to renew state agencies or to shutter them. The process involves assessing agency audits performed by the state auditor general and considering recommendations from oversight committees known as committees of reference that take testimony from the auditor general and agency officials. 

This year鈥檚 major continuation involves the Arizona Commerce Authority.

The state House of Representatives Appropriations Committee last month voted to extend the Arizona Commerce Authority for an additional five years.

That bill now awaits consideration by the full House. If passed, it would have to return to the Senate for a final vote of that chamber.

The ACA continuation is strongly supported by a broad coalition of the business community.

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