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COM'N OF POLLUTION CONTROL v. HUSKY IND.

No. 87-49.

737 S.W.2d 157 (1987)

293 Ark. 249

ARKANSAS COMMISSION OF POLLUTION CONTROL AND ECOLOGY, Appellant, v. HUSKY INDUSTRIES, INC., Appellee.

Supreme Court of Arkansas.

October 5, 1987.

Attorney(s) appearing for the Case

Phillip Deisch, Little Rock, for appellant.

Gene C. Campbell, Harrison, for appellee.

NEWBERN, Justice.

Husky Industries, Inc., applied for a variance from Department of Pollution Control and Ecology regulations applicable to emissions from its charcoal making kilns. A variance was granted by the department, but it was a lesser variance than the one Husky had sought.

Husky appealed the director's decision to the Arkansas Commission on Pollution Control and Ecology. Evidence was taken in a hearing before a department hearing examiner who made...

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