Arkansas Commission of Pollution Control & Ecology v. Husky Industries, Inc.

David Newbern, Justice.

Husky Industries, Inc., applied for a variance from Department of Pollution Control and Ecology regulations applicable to emissions from its charcoal making kilns. A variance was granted by the department, but it was a lesser variance than the one Husky had sought.

Husky appealed the director’s decision to the Arkansas Commission on Pollution Control and Ecology. Evidence was taken in a hearing before a department hearing examiner who made recommendations as to the order to be entered by the commission. The commission affirmed the director’s decision and entered its…