Ark. Code Ann. » Title 8 Chapter 04
Arkansas Code Annotated

Ark. Code Ann. § 8-4-223 (2026)

Appeals — Notice

✓ current as of May 2026
Find cases: SyfertCases citing this section JustiaArk. Code CornellLII Search CasesGoogle Scholar
    1. Within thirty (30) days after service of a copy of the final order, rule, or other final determination of the Arkansas Pollution Control and Ecology Commission, the appellant may file a notice of appeal with the circuit court of the county in which the business, industry, municipality, or thing involved is situated.
    2. A copy of the notice of appeal shall be served upon the Secretary of the Arkansas Pollution Control and Ecology Commission by personal delivery or by mail with a return receipt requested within ten (10) days of filing with the circuit court.
    1. The notice of appeal:
      1. Shall state the action of the commission appealed from;
      2. Shall specify the grounds of the appeal, including points of both law and fact that are asserted or questioned by the appellant; and
      3. May contain any other allegations or denials of fact pertinent to the appeal.
    2. The notice of appeal shall state an address within the state at which service of a response to the notice of appeal and other papers in the matter may be made upon the appellant.
  3. Upon filing the notice of appeal with the clerk of the circuit court, the circuit court shall have jurisdiction of the appeal.
    1. Within ten (10) business days of service of the notice of appeal required under subdivision (a)(2) of this section, the owner or operator of the business, industry, municipality, or thing involved may file a motion to transfer the appeal from the circuit court to the Court of Appeals.
    2. Upon the filing of a motion under subdivision (d)(1) of this section, the appeal shall be transferred from the circuit court to the Court of Appeals.

History. Acts 1949, No. 472, [Part 1], § 5; A.S.A. 1947, § 82-1906; Acts 1997, No. 896, § 1; 1997, No. 1219, § 5; 2013, No. 1021, § 3; 2019, No. 315, § 477.

Amendments. The 2013 amendment added (d).

The 2019 amendment deleted “regulation” following “rule” in (a)(1).

Case Notes

Jurisdiction.

Service of notice of appeal on a party to the litigation does not give the court jurisdiction; the court has jurisdiction only when the notice is filed with the clerk of the circuit court. Cash v. Ark. Comm'n on Pollution Control & Ecology, 300 Ark. 317, 778 S.W.2d 606 (1989).

Scope of Review.

Subsection (d) of this section is intended simply to expedite the process of bringing an Arkansas Pollution Control & Ecology Commission ruling forward for appellate review, and there is no intent to divest the appellate court of its ordinary function. Therefore, in a case where an administrative decision to affirm the granting of a permit to build and operate a new steel mill was upheld, the appellate court did not have to review a decision from the Commission in the posture of a circuit court. Nucor Steel-Arkansas v. Ark. Pollution Control & Ecology Comm'n, 2015 Ark. App. 703, 478 S.W.3d 232 (2015).

Notes of Decisions
Cited in 6 cases, 1989–2016 · leading case: Nucor Steel-Arkansas v. Arkansas Pollution Control & Ecology Comm'n, 2015 Ark. App. 703 (Ark. Ct. App. 2015).
Sort: Relevance Newest Treatment
Nucor Steel-Arkansas v. Arkansas Pollution Control & Ecology Comm'n, 2015 Ark. App. 703 (Ark. Ct. App. 2015). · cites it 10× “That court, upon a motion by BRS, transferred the case to the Akansas Court of Appeals, pursuant to Arkansas 12Code Annotated section 8-4-223(d) (Supp. 2015). The operative decir sion before us is the administrative ruling of PG&E, and we affirm PC&E’s decision.”
Cash v. Arkansas Comm'n on Pollution Control & Ecology, 778 S.W.2d 606 (Ark. 1989). · cites it 4× “, the circuit court found that it was without jurisdiction to review the order of the Commission as the notice of appeal was not filed with the Clerk of the Court within the time specified in Ark. Code Ann. § 8-4-223 . The decision is affirmed.”
Tri-Cnty. Solid Waste Dist. v. Arkansas Pollution Control & Ecology Comm'n, 230 S.W.3d 545 (Ark. 2006). · cites it 4× “The appellate process from this point is controlled by Ark. Code Ann. §§ 8-4-223 to -229 (Repl. 2000), which generally provide that appeals from a Commission decision shall be taken to the “circuit court of the county in which the business, industry, municipality, or thing…”
Nucor Steel-Arkansas v. Big River Steel, LLC, 825 F.3d 444 (8th Cir. 2016). “Ark. Code Ann. § 8-4-223 (a)(1). Federal law provides a *448 similar procedure under the purview of the EPA.”
Louisiana v. Jt. Pipeline Grp., 373 S.W.3d 292 (Ark. 2010). “Rather, specific procedures are set forth in Arkansas Code Annotated sections 8-4-223 to -229 (Repl.2007). See Tri-County Solid Waste Dist.”
Nucor Steel-Arkansas v. Big River Steel, LLC, 93 F. Supp. 3d 983 (E.D. Ark. 2015). · cites it 2× “And, after that body affirmed the decision of the Arkansas Department of Environmental Quality to grant the permit to Big River Steel, Nucor appealed to the Arkansas Court of Appeals for judicial review pursuant to Ark.Code Ann. § 8-4-223. 4 Title V and the PSD provisions of…”
— Ark. Code Ann. § 8-4-223(d) — 1 case
Nucor Steel-Arkansas v. Arkansas Pollution Control & Ecology Comm'n, 2015 Ark. App. 703 (Ark. Ct. App. 2015). “That court, upon a motion by BRS, transferred the case to the Akansas Court of Appeals, pursuant to Arkansas 12Code Annotated section 8-4-223(d) (Supp. 2015). The operative decir sion before us is the administrative ruling of PG&E, and we affirm PC&E’s decision.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.