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WESTERN STATES v. DEPT. OF ENVT'L QUALITY

No. 1 CA-CV 11-0775.

304 P.3d 539 (2013)

WESTERN STATES PETROLEUM, INC., Plaintiff/Appellant, v. ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY; Henry R. Darwin, in his official capacity as Acting Director of the Arizona Department of Environmental Quality, Defendants/Appellees.

Court of Appeals of Arizona, Division 1, Department C.

May 7, 2013.

Attorney(s) appearing for the Case

Holm Wright Hyde & Hays PLC By Christopher S. Welker , Dominic L. Verstegen , Phoenix, Attorneys for Plaintiff/Appellant.

Thomas C. Horne , Arizona Attorney General By Curtis Cox , Assistant Attorney General, Phoenix, Attorneys for Defendants/Appellees.

SWANN, Judge.

¶ 1 Western States Petroleum, Inc. ("Western States"), appeals the superior court's order affirming a decision by the Arizona Department of Environmental Quality ("ADEQ") to deny Western States' request for an increase in coverage from the State Assurance Fund ("SAF"). After examining the series of revisions to the relevant statutes, we hold that excess SAF coverage is unavailable absent exhaustion of private insurance or other private financial...

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