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

The Arkansas Supreme Court reversed the Arkansas Public Service Commission’s decision to allow a coal-fired power plant to be built, holding that the Commission had incorrectly determined the need for the power plant. Specifically, the court found that the Commission assessed the need for a plant in a proceeding that was separate from the main proceeding in violation of state law. Two justices concurred. The concurring justices concluded that the Commission had not met its burden of demonstrating that the power plant's adverse impacts would be acceptable. The concurring opinion noted that carbon dioxide emissions from the plant would exceed five million tons annually. The concurring opinion also noted that the Commission consideration of the economics of the project and of alternatives, both of which were pertinent factors to the determination of whether the adverse impact was acceptable, did not appear to factor in costs of carbon dioxide regulation.