December 06, 2019
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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The Receiver (Geoffrey B. Treece) for the Ozark Solid Waste Management District (“District”) filed a Notice of Appeal of the Arkansas Pollution Control and Ecology Commission’s (“Commission”) decision to designate the Carroll County Solid Waste Authority as a Carroll County Solid Waste District.
The Carroll County Solid Waste Authority previously submitted a Petition to the Commission to designate Carroll County as a Regional Solid Waste District.
The Receiver petitioned to intervene in the proceedings before the Commission and opposed the Petition. Administrative Law Judge Charles Moulton (“ALJ”) had issued a Recommended Decision granting the Petition. The Commission subsequently upheld the ALJ’s Decision granting the Petition.
The Receiver has filed a Notice of Appeal in the Circuit Court of Pulaski County, Arkansas (Civil Division) asking that the Commission’s Decision be reversed and that the Petition be denied.
The Carroll County Solid Waste District (i.e., formerly the Carroll County Solid Waste Authority) subsequently filed a Motion to Transfer the matter to the Arkansas Court of Appeals citing Ark. Code Ann. § 8-4-223(b).
A link to the Notice of Appeal can be found here and Motion to Transfer here.
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