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

> Supreme Court of Arkansas · December 14, 1992 · 310 Ark. 772

URL: https://www.frixlaw.com/law-library/cases/9665396

## Case

- **Full name:** In THE MATTER OF SUGARLOAF MINING COMPANY, Permit No. P-272-M-CO Banco Portugues Do Atlantico v. Arkansas Department of Pollution Control & Ecology
- **Court:** Supreme Court of Arkansas
- **Decided:** December 14, 1992
- **Citations:** 310 Ark. 772; 840 S.W.2d 172
- **Precedential status:** Published
- **Opinion:** On rehearing by Newbern
- **Judges:** Newbern, Hays, Brown, E'S
- **Cited by:** 23 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9665396

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9665396. Public record. Not legal advice.