7-Eleven, Inc. v. Department of Environmental Quality

HUMPHREYS, J.,

with whom BUMGARDNER, J., joins, dissenting.

Because I would find that the circuit court properly applied the substantial evidence standard and the arbitrary and capricious standard in upholding the Department’s reimbursement of “costs” to 7-Eleven under the statutes governing the Fund, and because I would find that the Guidelines governing the Fund comply fully with the charge given to the Department by the legislature, I do not join in the analysis or holding of the majority opinion.

*86I. Standard of Review

As stated in the majority opinion, issues of “pure statutory interpretation…