Sugarloaf Mining Co. v. Arkansas Department of Pollution Control & Ecology

David Newbern, Justice.

This is an appeal from the final order of the Circuit Court of Sebastian County, Greenwood District, which affirmed Minute Order 91-01 issued by the Arkansas Department of Pollution Control and Ecology Commission (PC&E), the appellee. That order required forfeiture of a letter of credit issued by Banco Portugués Do Atlántico (Banco), the appellant. We conclude it was error to permit the forfeiture, and thus we reverse.

PC&E issued a surface or strip mining permit to Sugarloaf Mining Company (Sugarloaf) on October 9, 1981. The permit, # P-272-M-CO, was bonded by American…