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ARKANSAS DEQ v. BRIGHTON CORP.

No. 02-321.

102 S.W.3d 458 (2003)

ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY v. BRIGHTON CORPORATION; Coltec Industries, Inc.; Entergy Arkansas, Inc.; First Electric Cooperative Corporation; Kamo Electric Cooperative, Inc.; Kuhlmen Corporation, On Behalf of Kulhman Electric Corporation; Magnetic Electric Company; Missouri Public Service; Pirelli Cable Corporation; Reed & McClain Electrical Works, Inc.; Reynolds Metals Company; San Angelo Electric Service Company; Southern Cotton Oil Co.; T&N Electric Company, Inc.; Texas Eastern Transmission Corporation.

Supreme Court of Arkansas.

April 3, 2003.

Attorney(s) appearing for the Case

Hill, Gilstrap, Perkins & Trotter, PC, by: G. Alan Perkins and Julie D. Greathouse, Little Rock, for appellee.

Mark Pryor, Att'y Gen., by: Eric B. Estes and Charles L. Moulton, Ass't Att'ys Gen., Little Rock, for appellant.

TOM GLAZE, Justice.

The Arkansas Department of Environmental Quality ("DEQ") appeals from an order of the Jefferson County Circuit Court dismissing its complaint with prejudice. This appeal requires us to construe Ark.Code Ann. § 8-7-501 et seq. (Repl. 2000), the Remedial Action Trust Fund Act ("RATFA"), and jurisdiction is therefore proper in this court under Ark. Sup. Ct. R. 1-2(b)(6).

On March 15, 2001, DEQ filed a lawsuit against fifteen separate...

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