Private rights unchanged

ArkansasStatutes

Ask Donna

How this section applies to your facts.

AR Code › Title 8 › Chapter 4 › Subchapter 3 › Section 8-4-307

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

(a) Persons other than the state or the Division of Environmental Quality shall not acquire actionable right by virtue of this subchapter. The basis for proceedings that result from violation of any standard or rule promulgated by the Arkansas Pollution Control and Ecology Commission shall inure solely to and shall be for the benefit of the people of the state generally, and it is not intended to create in any way new rights or to enlarge existing rights or to abrogate existing private rights. (b) A determination by the division that air pollution or air contamination exists or that any standard or rule has been violated, whether or not a proceeding or action is brought by the state, shall not create, by reason thereof, any presumption of law or finding of fact that shall inure to or be for the benefit of any person other than the state. Amended by Act 2019, No. 315,§ 488, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2523, eff. 7/1/2019. Acts 1949, No. 472, [Part 2], § 14, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1943; Acts 1997, No. 1219, § 6.

(a) Persons other than the state or the Division of Environmental Quality shall not acquire actionable right by virtue of this subchapter. The basis for proceedings that result from violation of any standard or rule promulgated by the Arkansas Pollution Control and Ecology Commission shall inure solely to and shall be for the benefit of the people of the state generally, and it is not intended to create in any way new rights or to enlarge existing rights or to abrogate existing private rights.

(b) A determination by the division that air pollution or air contamination exists or that any standard or rule has been violated, whether or not a proceeding or action is brought by the state, shall not create, by reason thereof, any presumption of law or finding of fact that shall inure to or be for the benefit of any person other than the state.

Amended by Act 2019, No. 315,§ 488, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2523, eff. 7/1/2019.

Acts 1949, No. 472, [Part 2], § 14, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1943; Acts 1997, No. 1219, § 6.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.