Republican bills would limit attorney general powers in Arizona

State Republican lawmakers advanced legislation on Tuesday seeking to curb the powers of Arizona’s attorney general. Democratic Attorney General Kris Mayes is going after various entities under the state’s public nuisance statute.

She’s suing the megafarm Fondomonte in La Paz County and sued a proposed gravel mine in Yavapai County.

The litigation against Fondomonte is ongoing, but progress on the mine project halted in 2023.

She’s also threatened to sue the Riverview dairy in Cochise County for groundwater pumping, and even floated suing the Department of Homeland Security to stop ICE from opening a massive detention facility in Surprise.

GOP lawmakers who oppose Mayes’ efforts want to require her to get permission from county leaders before filing a public nuisance suit. A second bill would make her responsible for damages if the case doesn’t succeed.

Democrats like Rep. Mariana Sandoval of Goodyear said the bills would hamper the attorney general’s ability to protect state resources.

“This is a thinly veiled attempt to intimidate the attorney general to shield powerful foreign corporations like Fondomonte and Riverview from accountability for draining Arizona's scarce groundwater,” Sandoval said. “Ironically, this bill would punish the state from trying to stop foreign entities from harming rural communities.”

Both bills advanced on party lines.

Lawmakers rejected a third measure that would have made the attorney general liable for defamation for speaking about a public nuisance case that doesn’t succeed.

Rep. Alexander Kolodin (R-Scottsdale) said although he likes the other bills to “rein in” Mayes, he argued that making the attorney general liable for defamation for what they say about their cases would undermine the integrity of the court system.

“This extends defamation law past where it currently exists in our law and makes it a much broader concept than it should be. I am a no,” Kolodin said.