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Could EPA air quality standards be Utah’s first test of its new sovereignty law?

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Could EPA air quality standards be Utah’s first test of its new sovereignty law?


Top Utah officials aren’t happy with federal air quality standards. And their ammunition to fight back could jeopardize the state’s federal highway funding or even the federal government overriding how the state handles air quality to begin with.

In February, Gov. Spencer Cox called the stricter regulations imposed by the Environmental Protection Agency “onerous” and “so stringent” that it will be “impossible” for the state to comply. The EPA reduced the amount of PM2.5 and ozone pollution allowed in the atmosphere, making it harder to fall within the attainment standards, which Utah hasn’t met since 2006. The Utah Attorney General’s Office has filed and joined other states in challenging the agency over its mandates, like the “Good Neighbor Rule,” which targets ozone pollution emitted across state lines.

The majority of the Utah Legislature is so unhappy with the regulations it partly inspired a new state law that aims to push back. Republican Sen. Scott Sandall’s 2024 “Utah Constitutional Sovereignty Act” sets up a process for the state to opt out of federal regulations they deem as overreach.

The first test of the new statute could be the looming air quality battle the state is picking over the updated air quality standards and the Clean Air Act. But it won’t be an easy sell.

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“If the state wants to test the red line,” said Brigham Daniels, a law professor at the University of Utah, “this is a risky one.”

During a May 15 Natural Resources, Agriculture, and Environment Interim Committee meeting, Bryce Bird, the director of the Utah Division of Air Quality, said Utah is “still really struggling” to meet EPA ozone standards, especially in Salt Lake, Davis and parts of Weber and Tooele counties. But if the state doesn’t fall within the attainment zone of 70 parts per million, which is considered protective of public health, Utah could face federal funding sanctions.

“That prevents both federal funds being used to expand transportation projects here in that non-attainment area, but it also prohibits state funding from being used for regionally significant projects,” Bird said. “So it really does have that direct impact on the fastest growing metropolitan area in the country.”

If Utah still doesn’t clean up the air after funding is frozen, Bird said the federal government could swoop in and create its own plan for how Utah will meet ozone standards. If that comes to pass, the state “will lose flexibility and input into the plan.”

Utah and the Intermountain West face an uphill battle when it comes to meeting EPA ozone standards. Bird said states like Arizona, Utah and Colorado have “higher natural concentrations of ozone and a greater impact from international transport of the precursor emissions to ozone formation,” which places some of the problem outside of the state’s control.

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The fact that Utah isn’t solely responsible for ozone pollution within its boundaries is Sandall’s biggest complaint, calling it “the heart of the heartburn,” and that Utah doesn’t have to “try to comply to an uncontrollable standard.”

“That’s the message that we’ve got to send to the federal government is we can’t do that. There’s no way,” he said during the May 15 meeting. “So whether we do that through legislation, whether we do that through a lawsuit, whatever we do, we have to be the ones to say no.”

Republican Rep. Casey Snider followed Sandall’s comments by stating “perhaps there needs to be a fundamental shift in the key objectives” of the Utah Division of Air Quality centered around “pushing back on this overzealous nature of the federal government rather than simply complying with the impossible.”

Daniels said he’s sympathetic to the predicament the state is in because of what the EPA considers to be “a healthy air quality will be very difficult for the state to obtain,” given the outside exacerbating factors. But challenging the Clean Air Act isn’t that simple.

From his perspective, if Utah does take the steps to challenge the Clean Air Act under the Utah Constitutional Sovereignty Act, the state is likely to fail because of the Supremacy Clause, which says the Constitution and federal statutes are “the supreme law of the land,” trumping any state laws.

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Daniels added EPA employees are mandated by federal law to enforce the consequences of a state not complying with standards set by the Clean Air Act and a state sovereignty clause won’t stop them from doing so either.

“Within the realm of environmental law and natural resources law, you almost couldn’t have chosen a worse statute to gamble with,” Daniels said. “Because the federal government doesn’t have any discretion about whether or not it moves forward with sanctions.”





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Utah

What to expect for the Nov. 5 general election in Utah

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What to expect for the Nov. 5 general election in Utah


SALT LAKE CITY (ABC4) — Polls closed for Utah’s primary elections on June 25 and preliminary results began coming in, setting the stage for the upcoming general election on Tuesday, Nov. 5.

While official voter canvassing results were not scheduled to be available until July 22, the Associated Press projected winners for several races by June 25.

Here’s what to expect for the voting process for the general election in November.

Who is running in Utah?

The June 25 primaries narrowed down the list of candidates running for office in Utah.

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Gov. Spencer Cox was the projected winner for the gubernatorial race, according to the AP.

Rep. John Curtis was expected to clinch the Republican nomination to replace Sen. Mitt Romney, and would face off against Democratic challenger Caroline Gleich and Independent challengers Carlton E. Bown and Robert Newcomb in the 2024 General Election in November.

For a full list of Utah’s candidates, click here.

When are the registration and voting deadlines?

Depending on how Utahns register to vote, the deadlines for registration may vary.

Deadlines for registration (and how to register)

Voters in Utah can register online, in person, or by mail.

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Online voter registration is available at vote.utah.gov, and it must be completed by Oct. 25, 2024. The deadline for registering by mail is also Oct. 25.

If registering to vote in person, the deadline is Nov. 5, 2024 (meaning you can register on Election Day if you have the proper forms of identification).

Deadlines for voting

Early in-person voting at the Government Center begins Oct. 22, 2024, and ends Nov. 1, 2024. Early in-person voting at satellite locations begins Oct. 29, 2024, and ends Nov. 1, 2024.

If returning a ballot by mail, the ballot must be postmarked by Nov. 4, 2024. Ballots should be sent to voters by Oct. 15, and the last day to request a mail ballot is Oct. 29.

On Election Day — Tuesday, Nov. 5 — Utahns can vote at polling locations from 7 a.m. until 8 p.m.

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To find the closest polling location to you, visit votesearch.utah.gov and enter your address.

How do you check registration status in Utah?

If you want to vote but are unsure if you have already registered, you can check your status online at votesearch.utah.gov. To check your registration status, you need to provide your name, date of birth, and address.

That website can also display tracking information for mail ballots or provisional ballots, but not if you voted at a voting machine or in person.

Once you register to vote in Utah, you don’t need to re-register unless your registration status changes.

“If you have moved outside of the state and returned, or your name has changed, or your registration has lapsed by not voting in the last two presidential elections you will need to re-register,” according to the Salt Lake County Clerk’s Office.

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Registering on Election Day

Did you know that if you are not yet registered to vote you can do so on Election Day?

“A poll worker will assist you in registering to vote and casting a provisional ballot on an electronic voting machine,” the Salt Lake County Clerk’s Office said.

To register on Election Day, you must bring a valid photo ID and proof of Utah residency to an Election Day vote center during polling hours. To see the full list of approved forms of identification, click here.

Who can vote in Utah?

There are three criteria for voters in the Beehive State.

First, you must be a resident of the United States in order to be eligible to vote in Utah. Second, you must reside in Utah for at least 30 days prior to the next election.

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Third, you must be at least 18 years old on or before the general election. If you are 17 years old at the time of the primary election, you may still vote if you are 18 years old on or before the date of the general election.



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Utah Jazz NBA Draft Preview: 2024

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Utah Jazz NBA Draft Preview: 2024


The Utah Jazz have an exciting night tomorrow because they have the 10th, 29th, and 32nd pick in the 2024 NBA Draft. the Jazz have been in several rumors regarding the draft. Some rumors suggest the Jazz will trade up for higher than pick number 10. Some rumors suggest the Jazz will package picks 29 and 32 for a higher second pick in the first round. The honest observation at this point is that the Jazz might do just about anything for the draft. Tune in tomorrow night from home or from the Delta Center to find out what the Jazz do in round one! To watch the draft, tune in to ABC or ESPN.

Round One Draft: 6 PM MST, June 26th

Round Two Draft: 2 PM MST, June 27th

Below are projections on who the Jazz could select with their 3 picks. The projections are based on the Jazz’s rumored interest and generally where players are projected to be picked.

10th Pick Projections:

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Photo by David Becker/NBAE via Getty Images

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Ron Holland

Nikola Topic

Rob Dillingham

Cody Williams

Zach Edey

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Dalton Knecht

2024 NBA Combine

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Photo by Kamil Krzaczynski/NBAE via Getty Images

29th Pick Projections:

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2024 NBA Combine

Photo by Jeff Haynes/NBAE via Getty Images

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Kyshawn George

Ryan Dunn

Baylor Scheierman

AJ Johnson

Justin Edwards

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Cam Christie

Tyler smith

Johnny Furphy

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Notre Dame v Virginia

Photo by Ryan M. Kelly/Getty Images

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Pick 32 Projections:

2024 NBA Combine

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Photo by Jeff Haynes/NBAE via Getty Images

Picks 29 and 32 are close so these projections mainly overlap.

Harrison Ingram

Kyle Flipowski

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Trentyn Flowers

Jonathan Mogbo

Jaylon Tyson

Tyler Kolek

Bronny James

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Bobi Klintman

2024 NBA Combine

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Photo by Kamil Krzaczynski/NBAE via Getty Images

Final Prediction

This projection could be way off because this draft has a lot of parity and the Jazz could very well trade some of their picks. With that said, I predict that the Jazz select Nikola Topic with the 10th pick. For the 29th pick, The Jazz go for Ryan Dunn. For the 32nd pick, I predict that the Jazz select Jaylon Tyson. I think the Jazz will almost make a trade or two tomorrow but don’t quite pull the trigger.

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Houston Rockets v Utah Jazz

What do you think the Jazz will do tomorrow night? Comment below!



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4 Utah Jazz rumors to watch before the NBA Draft

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4 Utah Jazz rumors to watch before the NBA Draft


The Tribune’s Andy Larsen breaks down the latest reports.

(Francisco Kjolseth | The Salt Lake Tribune) Brooklyn Nets forward Mikal Bridges (1) tries to evade the block attempt by Utah Jazz center Walker Kessler (24) during NBA basketball in Salt Lake City Monday, Dec. 18, 2023.

The NBA Draft starts Wednesday, and the rumor mill is heating up around the Utah Jazz. Here’s the latest news, along with my reaction to the possibilities.

Trading for Mikal Bridges?

Rumor: Yahoo’s Jake Fischer reported that the Jazz are one of the teams interested in trading for Brooklyn wing Mikal Bridges, along with Houston and New York. Bridges is one of “Utah’s most aggressive aspirations,” Fischer wrote.

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Reaction: The Nets have repeatedly declined to trade Bridges despite it probably making sense for the franchise to do so. Instead, they’ve been asking for more than three first-round picks in return for the 27-year-old.

Bridges would make the Jazz significantly better; he’s developed himself into a 20-point-per-game scorer while also being a solid defender. He’s the two-way player with size that these most recent playoffs have shown are extremely valuable. (Though we should note here that he was a far better player before the All-Star break than after it last year.)

The problem is that it’s not immediately clear that the Jazz would be a playoff team even with Bridges — he was an eight-win player last season, and the Jazz finished 15 wins short of the No. 10 seed. For an acquisition of Bridges to make sense, Utah would probably need to acquire other good players around him and Lauri Markkanen to get up in that 45-win range required to make the playoffs in the West. Still, it could be an exciting first step.

Trading for Zach LaVine?

Rumor: The Bulls “remain active” on trade negotiations sending out Zach LaVine involving the Jazz and the Philadelphia 76ers, according to NBC Sports Chicago’s K.C. Johnson. However, reporter Marc Stein disagreed with the report, saying he had been “advised to dismiss Utah’s interest.”

Reaction: Johnson’s a quality veteran reporter, but I agree with Stein. While I haven’t heard recent updates, Jazz personnel earlier this year indicated that LaVine wasn’t a logical option in the pre-trade deadline market given the Jazz’s place in the standings, LaVine’s poor record of availability, and especially his high contract that pays him a combined $138 million over the next three years.

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Chicago Bulls’ Zach LaVine (8) scores past Toronto Raptors’ Gary Trent Jr. (33) during the first half of an NBA basketball In-Season Tournament game Friday, Nov. 24, 2023, in Toronto. (Frank Gunn/The Canadian Press via AP)

I don’t suspect circumstances have changed enough since to make a LaVine trade make sense now, at least not a trade in which the Jazz are giving up assets. If anything, it might require Chicago to send out assets to push the Jazz to take on LaVine’s deal.

Signing Tobias Harris?

Rumor: The Athletic’s Shams Charania reported that the Jazz and the Detroit Pistons “are expected to be the strongest suitors for Tobias Harris,” who is a free agent this summer after his 5-year, $180 million albatross of a deal ended with the 76ers.

Reaction: The Jazz will likely have about $40 million in cap space this summer. Some of that room the franchise anticipates using on Markkanen’s renegotiation and extension as the Finnish star enters the final year of his current contract.

Boston Celtics’ Al Horford (42) defends against Philadelphia 76ers’ Tobias Harris (12) during the first half of an NBA basketball game Friday, Dec. 1, 2023, in Boston. (AP Photo/Michael Dwyer)

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Harris is theoretically someone who could help the Jazz. At this point in his career, he’s statistically pretty average across the board — his shooting, rebounding, passing, steals, and block rates are just around the 50th percentile, maybe a bit higher. Even average, though, would make Harris the Jazz’s best wing by a lot.

He turns 32 this summer, so Harris doesn’t make sense for the Jazz’s long-term future, and signing him would also mean fewer minutes for last year’s No. 9 pick, Taylor Hendricks. But if they could get him on a short-term deal for a discount, he could also be a tradable piece in a move later while helping the Jazz improve now.

Looking to move up?

Rumor: Multiple reporters indicated that the Jazz are looking to move up in the draft using the No. 29 pick and the No. 32 pick. First, ESPN’s Jonathan Givony reported Monday morning that the Jazz are looking to trade the two picks for a “pick in the late teens.” Arizona sports radio host John Gambadoro reported that he believed that the Suns had had discussions with the Jazz, sending the No. 22 pick to Utah for No. 29 and No. 32. Fischer, meanwhile, floated the idea of the Jazz acquiring No. 17 from the Lakers in exchange for the two picks.

Reaction: Jazz general manager Justin Zanik acknowledged that the club has reservations about having six first- or second-year players on the roster next season, the logical outcome if the team makes all three selections on Wednesday. So the Jazz consolidating these picks in this fashion follows that line of thinking, especially if they are targeting a player they believe is significantly better than what’s available around the turn of the draft.

My only concern is that, in general, teams trading up in drafts get a little less value than those trading down when you study the issue analytically. The NBA Draft Pick Trade Simulator at nbasense.com is a good tool for looking at this — trading No. 29 and No. 32 for No. 17 is a pretty fair deal, but trading those picks for No. 22 would be analytically a bad idea. That’s especially true in a “flat” draft, where players’ values are considered pretty close throughout the first round.

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If the Jazz are going to defy the analytics, they should be really sure that the player they’re acquiring with the higher pick is worth giving up two chances to place bets further down in the draft.

Editor’s note • This story is available to Salt Lake Tribune subscribers only. Thank you for supporting local journalism.



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