Commission on Pollution Control & Ecology v. Worth James
In Commission on Pollution Control & Ecology v. Worth James, 264 Ark. 144, 568 S.W.2d 27 (Ark 1978), the Commission on Pollution Control and Ecology denied an application for a permit to construct and operate a sanitary landfill. Id.
The circuit court reversed the Commission's decision and directed Commission to issue the permit. Worth James, 568 S.W.2d at 28.
On appeal, Commission claimed that the "proposed site was unsuitable" for a landfill. Id. The Arkansas Supreme Court disagreed with Commission's argument and held that a permit applicant need not demonstrate need for the landfill site in order to obtain a permit. Worth James, 568 S.W.2d at 29.
While the court did state that a landowner has a "fundamental right to engage in a lawful business," this right was conditioned on the landowner's conforming "to whatever regulations may be in existence in the public's interest." Id.