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DEPT. OF ENVTL. QUALITY v. OIL PRODUCERS

No. 08-890.

318 S.W.3d 570 (2009)

2009 Ark. 297

The ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY, Appellant, v. OIL PRODUCERS OF ARKANSAS, Betsy Production Company, Inc., Jerry Langley Oil Company, LLC, Shuler Drilling Company, Inc., Mike A. Davis, James Langley, Gary Sewell, and Robert Reynolds, Appellees.

Supreme Court of Arkansas.

May 21, 2009.

Attorney(s) appearing for the Case

Dustin McDaniel, Att'y Gen., by: Charles Moulton, Sr., Ass't Att'y Gen., and Kendra Akin Jones, Ass't Att'y Gen., for appellant.

Perkins & Trotter, PLLC, by: G. Alan Perkins and John F. Peiserich; Little Rock, and Shackleford, Phillips & Ratcliff, P.A., by: Brian H. Ratcliff, El Dorado, for appellees.

ROBERT L. BROWN, Justice.

The appellant, the Arkansas Department of Environmental Quality ("ADEQ"), appeals from an order of the Union County Circuit Court denying the ADEQ's motion to dismiss on grounds of sovereign immunity.

On December 27, 2007, appellees Oil Producers of Arkansas; Betsy Production Company, Inc.; Jerry Langley Oil Company, LLC; Shuler Drilling Co., Inc.; Mike A. Davis; James Langley; Robert Reynolds; and Gary Sewell (collectively "OPA"...

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