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PINE BLUFF v. ARK. POLLUTION CONTROL AND ECOLOGY COMMISSION

No. 02-885.

127 S.W.3d 509 (2003)

PINE BLUFF FOR SAFE DISPOSAL; Chemical Weapons Working Group, Inc.; Vietnam Veterans of America—Arkansas State Council, Inc.; Arkansas Women's Action for New Directions; and the Vietnam Veterans of America Foundation v. ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION; Washington Demilitarization Company; United States Army, Pine Bluff Arsenal; and Arkansas Department of Environmental Quality.

Supreme Court of Arkansas.

October 30, 2003.

Attorney(s) appearing for the Case

Mick Harrison (Berea, Kentucky), Gregory Ferguson (North Little Rock), and Richard E. Condit (Washington, D.C.), for appellants.

Mike Beebe, Att'y Gen., by: Charles L. Moulton, Senior Ass't Att'y Gen., Little Rock, for appellee Arkansas Pollution Control and Ecology Commission.

Jennifer H. Tucker, Little Rock, for appellee Arkansas Department of Environmental Quality.

Mitchell, Williams, Selig, Gates & Woodyard, by: Allan Gates and Marcella J. Taylor; and Steve A Weaver (of counsel), Little Rock, for appellee Washington Demilitarization Company.

Thomas L. Sansonetti, Ass't Att'y Gen. (Washington, D.C.); Wendy L. Blake and Mark R. Haag (Washington, D.C.); and Cpt. Chin-Zen L. Plotner (of counsel, Arlington, Virginia), for appellee United States Army.

DONALD L. CORBIN, Justice.

This case involves the issuance of two permits authorizing the construction and operation of the Pine Bluff Chemical Agent Disposal Facility, which will be used to dispose of chemical weapons currently being stored at the Pine Bluff Arsenal. The permits were issued in January 1999, by the Arkansas Department of Environmental Quality (ADEQ). Their issuance was affirmed by the Arkansas Pollution Control and Ecology Commission, and the Commission...

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