Miller v. Dep’t of Health

After being separately cited and arrested for driving while under the influence of alcohol (DWUI), Ricky Miller and Christopher Gonzalez (Petitioners) petitioned the district court for review of agency inaction by the Wyoming Department of Health (WDOH). Miller and Gonzalez requested that the district court require the WDOH to retroactively decertify the chemical test operators who had performed chemical tests of Petitioners' breath to determine the quantity of alcohol in their respective bodies. The district court dismissed the petition on the grounds that Petitioners lacked standing to bring the action and that the matter was not ripe for review. The Supreme Court affirmed, holding that Petitioners did not satisfy the three elements of standing as set forth in Lujan v. Defenders of Wildlife, and therefore, the district court did not err in dismissing Petitioners' petition for review for lack of standing. View "Miller v. Dep't of Health" on Justia Law