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GREAT LAKES CHEMICAL CORP. v. BRUNER

No. 06-73.

243 S.W.3d 285 (2006)

GREAT LAKES CHEMICAL CORPORATION, Appellant, v. Scott D. BRUNER, in his Official Capacity as Interim Director of the Arkansas Oil & Gas Commission, Spence A. Leamons, W. Frank Morledge, Chad White, Mike Davis, Carolyn Pollan, Charles Wohlford, and Bill Poynter, in their Official Capacities as Duly Appointed and Acting Commissioners of the Arkansas Oil & Gas Commission; and W.H. Arnold and Bill Bush, in their Official Capacities as Duly Appointed Special Commissioners of the Arkansas Oil & Gas Commission, Appellees, Albemarle Corporation, Cross-Appellant.

Supreme Court of Arkansas.

November 16, 2006.

Attorney(s) appearing for the Case

Friday, Eldredge & Clark, LLP, by: R. Christopher Lawson, Fayetteville, AR, for appellant/cross-appellee, Great Lakes Chemical Corporation.

Mike Beebe, Att'y Gen., by: Thomas S. Gay, Sr. Ass't Att'y Gen., Arnold Jochums, Ass't Att'y Gen., and Elizabeth Thomas Smith, Ass't Att'y Gen., for appellees Scott D. Bruner; Spence A. Leamons; W. Frank Morledge; Chad White; Mike Davis; Carolyn Pollan; Charles Wohlford; Bill Poynter, W.H. Arnold, and Bill Bush.

Chisenhall, Nestrud & Julian, P.A., by: Jim L. Julian, Little Rock, AR; Bell Law Firm, by: Ronny J. Bell, Magnolia, AR, for appellee/cross-appellant, Albemarle Corporation.

ROBERT L. BROWN, Justice.

This appeal involves a petition for judicial review of an order from the Arkansas Oil and Gas Commission (Commission). The Union County Circuit Court affirmed the order of the Commission, and this appeal followed. We affirm the order of the Commission on direct appeal, and we further affirm the order of the Commission on cross-appeal.

On August 13, 1996, the Commission entered an order, which we will call the West Brine Unit Order...

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