Legal Opinion

Opinion No.

Arkansas Attorney General Reports

Decided December 10, 1999Published

1Opinion of the Court

Mr. Randall Mathis, Director Arkansas Department of Environmental Quality 8001 National Drive P.O. Box 8913 Little Rock, Arkansas 72219-8913

Dear Mr. Mathis:

This is in response to your request for an opinion on the following two questions:

Does the change in the buffer zone distance found in Arkansas Pollution Control and Ecology Commission Regulation No. 15, Section 15.402 (G) from a previously non-quantified level of protection for a waterway to a quantified buffer zone of one hundred (100) feet constitute a `takings' under the Fifth Amendment?

Does the change in the buffer zone distance found…

2Cases cited26 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
  3. Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
  4. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  5. Ruckelshaus v. Monsanto Co.Supreme Court of the United States · 1984

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