Supreme Court of Arkansas

State of Louisiana Louisiana Environmental Action Network Save the Ouachita and Kent Stegall v. Joint Pipeline Group…

October 7, 20102010 Ark. LEXIS 463

Summary

The court affirmed the Commission’s approval of the joint NPDES pipeline permit. It held that the appellants failed to rebut the statutory presumption that the Commission’s decision was reasonable and valid, and that substantial evidence supported the agency’s findings concerning the modeling, notice, water-quality impacts, mercury, toxicity, and pH. The court also declined to consider claims that were unpreserved, lacked an agency ruling, or were inadequately supported. No separate opinions were filed.