The state Court of Appeals ruled Thursday that an Arizona utility can burn trash and claim the electricity it generates is coming from renewable resources.
Corporation Commission rules require electric companies to obtain at least 15 percent of their power from renewable resources by 2025. That has been defined in rules as technology that displaces things like gas, coal, oil and uranium, presumably with things like solar, wind and biomass.
But two years ago, the commission said the Mohave Electric Cooperative can have the power produced from a proposed trash incinerator near Surprise count toward its renewable energy goal.
A trial judge said that violated the commission's own rules.
But on Thursday, the appellate court said the commission has the power to issue waivers from its rules and there was good cause for the waiver.
Attorney Tim Hogan, representing the Sierra Club, said that makes no sense.
"That's a black hole if they can grant a waiver in this case. I mean, they just granted a waiver here because they thought it was a good idea," said Hogan. "Well, if it's a good idea, you need to change the rules, not just grant waivers willy-nilly."
Unless overturned, Thursday's ruling could have a broader imact, paving the way for other utilities to propose incineration of trash to meet their own mandates.