Arkansas Department of Pollution Control & Ecology v. B.J. McAdams, Inc.

These statutes are less than crystal clear and I concede that an arguable basis exists for the construction adopted by the majority. But other things being equal, as I believe they are, there are stronger reasons to prefer the interpretation urged by the Department, reasons supported by sound policy considerations. ■

Whether we construe section (b) so that penalties are included in the remedies allowed the court “to compel compliance” or we find provision for an independent action for penalties only, under section (c)(2), I believe the Department is correct, that it was error for the trial…