Hempstead County Hunting Club, Inc. v. Arkansas Public Service Commission

An Arkansas appellate court struck down a state authorization allowing an electric company to build a $1.6 billion coal-fired power plant near the state’s southwest border with Texas. The court held that the Arkansas Public Service Commission failed to require the company to address alternative locations in its permit application and that it failed to make a finding regarding the basis of the need for a new plant. In addition, the court held that the Commission failed to resolve all matters concerning the plant and associated transmission lines in a single proceeding.