Emily Bosch, emily.bosch@sierraclub.org
PHOENIX, ARIZ. – On Wednesday, August 20, 2025, the Arizona Supreme Court indicated that it would not review a lower court’s decision that Salt River Project (SRP) is subject to the state’s public records law, marking a significant victory for transparency and accountability from the utility. In January 2025, the Arizona Court of Appeals affirmed a 2023 Arizona Superior Court finding that SRP is subject to the Public Records Law. Sierra Club originally filed public records requests in 2021 and 2022 to obtain information about SRP’s resource planning process. After SRP refused to provide many of the requested records, Sierra Club filed suit in 2022.
SRP has long argued that it wasn't subject to Arizona’s public records law by claiming that it wasn't a "public body" under the law, but the Court of Appeals decisively rejected SRP's argument in this case, concluding that SRP is a public body because it is a political subdivision of the state of Arizona. The Supreme Court’s action leaves this decision in place.
The Court of Appeals determined in January that the superior court misinterpreted an Arizona statute protecting certain records of “public power entities,” like SRP’s, as confidential if those records involve competitive activity. While the courts have confirmed that SRP is subject to the public records law, the case has been remanded to the superior court to examine the confidentiality of the specific records that Sierra Club requested from SRP.
“SRP is a public body similar to a city or town, and it owes both its 1.1 million electric ratepayers and all Arizonans transparency, including complying with the state’s public records law,” said Sierra Club Grand Canyon Chapter Director, Sandy Bahr. “This decision ensures that communities will have access to and be able to inspect records that will affect their utility bills, and our air, water, and health. This allows all Arizonans to better hold SRP accountable for its actions.”
“We have always believed that it is clear that SRP is subject to the Public Records Law, and we are glad that the Supreme Court agreed by declining to review this important decision,” said Chanele Reyes, Attorney with the Arizona Center for Law in the Public Interest. “It is in the public’s best interest that SRP be properly held accountable as a political subdivision of the state of Arizona.”
This decision does not affect public service corporations such as Arizona Public Service (APS) and Tucson Electric Power (TEP) that are regulated by the Arizona Corporation Commission (ACC).
About the Sierra Club
The Sierra Club is America’s largest and most influential grassroots environmental organization, with millions of members and supporters. In addition to protecting every person's right to get outdoors and access the healing power of nature, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.