western states petroleum inc
Business Profile. Western States' assertion that ADEQ agreed to the admission of additional evidence for the trial court's consideration is belied by the record. WSPA President Catherine Reheis-Boyd is former chair of the Marine Life Protection Act (MLPA) Initiative Blu 491054. 491054(A) provides, in pertinent part: Effective retroactively to from and after December 31, 2002 and notwithstanding section 491052, subsection F, paragraph 5, the maximum amount that is subject to coverage is five hundred thousand dollars. ADEQ adopted the ALJ's findings of fact and conclusions of law and affirmed the denial of Western States' request for additional SAF funding. Reviews (928) 669-2358. Please support this research! SEPARATE INSURANCE COVERAGE IS A PREREQUISITE TO ADDITIONAI SAF COVERAGE. v. Superior Court (Air Resources Bd.) Curtis v. Richardson, 212 Ariz. 308, 311, 10, 131 P.3d 480, 483 (App.2006). 17 Western States requests its attorney's fees and costs incurred in this case pursuant to A.R.S. 491054as it exists now or as it existed in the pastever created enhanced coverage for owners and operators who had not secured their own insurance or demonstrated private responsibility. Special Fund Div. CONCURRING: PHILIP HALL, Presiding Judge and SAMUEL A. THUMMA, Judge. 450 S 15TH AVE PHOENIX, AZ 85007 Western States Petroleum, Inc. was founded in 1975. Inspection Nr: 014598197: Investigation Nr: 014217368: Line Nr: Age: Sex : Nature of Injury: Asphyxia: Part of Body: Bodysystem: Source of Injury: Chem Liquids/Vapors Thank You for Visiting Our Website You are exiting the Department of Labor's Web server. By its plain meaning, the statute requires an evidentiary hearing only upon a showing that a hearing is necessary to [determine whether the agency action was not supported by substantial evidence, was contrary to law, was arbitrary and capricious or was an abuse of discretion]. Richardson, 212 Ariz. at 311, 11, 131 P.3d at 483. 10 In 1996, the legislature increased the SAF coverage limit from $200,000 to $1 million. Inc Phoenix, Arizona Area 83 connections. Western States Petroleum Association is an Arizona Non-Profit filed on May 8, 1989. In an apparent effort to mitigate the effect of this reduction on those who might have relied on the higher limits, the legislature allowed owners and operators to preserve their eligibility for the $1 million limit if they utilized to the maximum extent possible any insurance required for coverage pursuant to section 491052, subsection F, paragraph 5. Western States interprets this provision to mean that an owner or operator may receive enhanced coverage simply by demonstrating the absence of private insurance coverage at a time when no coverage was required. All rights reserved. III. 12 As relevant here, the term preserve is a transitive verb that can mean to keep alive, intact, in existence, or from decay or to retain in one's possession. MerriamWebster Unabridged Dictionary, http: //unabridged.merriam-webster.com/unabridged/preserve (last visited April 30, 2013). But those claims were denied because the leak predated the policies' coverage periods. As your consultative partner and material supplier, we support you with expertise and service to optimize our sustainable treatments. In that request, Western States' president, Robert Kec, certified that private insurance had been utilized to the maximum extent possible to cover the costs associated with the release that is the subject of this [request] form2 ADEQ denied the request because Western States had failed to demonstrate that it actually made use of insurance to the maximum extent possible: the request did not indicate that any claims relating to corrective-action costs associated with the release were made on a pollution-liability insurance policy. 450 S 15th Ave. Phoenix, AZ 85007. Siler v. Ariz. Dep't of Real Estate, 193 Ariz. 374, 382, 41, 972 P.2d 1010, 1018 (App.1998). 12910(A).5 We review the interpretation of a statute de novo. 6 In reviewing an administrative agency's decision, the superior court examines whether the agency's action was arbitrary, capricious, or an abuse of discretion. Begin typing to search, use arrow keys to navigate, use enter to select. The Department of Labor does not endorse, takes no responsibility for, and exercises no control over the linked organization or its views, or contents, nor does it vouch for the accuracy or accessibility of the information contained on the destination server. Indeed, A.R.S. Western States Petroleum is located at the address 450 S 15th Ave in Phoenix, Arizona 85007. It is this increase in coverage that Western States now seeks to receive. The ALJ found that Western States could have filed an insurance claim at the time of the release, but did not do so.3 Accordingly, the ALJ concluded that Western States failed to demonstrate that it utilized the applicable insurance to the maximum extent possible as required by A.R.S. Western States did not proffer any examples of inconsistent application of 491054(A) since the current version was enacted. We therefore affirm the superior court's determination that an evidentiary hearing was not necessary under A.R.S. Western Refining (WNR) has been publicly traded on the New York Stock Exchange since January 2006 and is the fourth largest publicly traded independent refiner and marketer in the nation. Because Western States is not the prevailing party, we deny its request. Because an essential requirement for the expanded SAF coverage was always the existence of private financial responsibility, we cannot read the statutes to provide that the absence of those private resources confers a right to that coverage. Please refine your search by(Localization + What, who? This site is protected by reCAPTCHA and the Google Google Chrome, Additional details on local Additional information is available at or by contacting William S Peterson at (801) 399-5605. Western States Petroleum, Inc. Sep 2006 Present 13 years 3 months. Although susceptible of various precise meanings, preserve does not mean, and is not synonymous with, acquireone cannot preserve what one never had. Stay up-to-date with FindLaw's newsletter for legal professionals, WESTERN STATES PETROLEUM INC v. ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY. 491054 represents arbitrary and capricious action that it should have been permitted to prove. 2 Western States has owned a gas station in Carefree, Arizona, since 1975. 3. 14 Section 12910 states, in pertinent part: A. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Based in the San Francisco Bay, California. 9 In 1994, when the release was reported, the limit of SAF coverage was $200,000.