Opinion

Sugarloaf Mining Co. v. Arkansas Department of Pollution Control & Ecology

  • 310 Ark. 772
  • 840 S.W.2d 172
Court
Supreme Court of Arkansas
Filed
Dec 14, 1992
Status
Published
Author
Newbern
On the bench
Newbern, Hays, Brown, E'S
Cited by
23 cases

The opinion

SUPPLEMENTAL OPINION ON DENIAL OF REHEARING

David Newbern, Justice. In part 1. of our opinion in this case, entitled Standard of review, we erred in our discussion by failing to cite Ark. Code Ann. § 15-58-212 (i) (1987) which sets out the standard to be used by a circuit court reviewing a decision reached in an administrative proceeding before the Arkansas Pollution Control and Ecology Commission. We adhere, however, to our statement that the limited review of administrative agency decisions, generally, has its origins in the Administrative Procedure Act.

The reader should know that, although we found a factual error, as described in our original opinion, the main burden of the opinion is to point out that the hearing officer’s decision misperceived the law of letters of credit by finding that an account party and a beneficiary may bind the issuer of a letter of credit where there is no evidence that the issuer assumed any additional obligation.

Rehearing denied.

Hays and Brown, JJ., would grant PC&E’s motion for rehearing.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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