McDaniel v. Arkansas Public Service Commission

Today, I believe the majority has overstepped the bounds of our standard of review and misapplied pertinent case law; therefore, I must respectfully dissent.

In cases involving public utilities we must give due regard to the limitations on the scope of our judicial review and defer to the expertise of the Commission.1 If an order of the. Commission is supported by substantial evidence and is neither unjust, arbitrary, unreasonable, unlawful, nor discriminatory, the appellate court must affirm the Commission’s actions.2 To establish an absence of substantial evidence, the appellant must…