Wyo. Dep’t of Env’t Quality v. Wyo. Outdoor Council

This appeal involved the issuance by the Wyoming Department of Environmental Qualify (DEQ) of two general permits for the discharge of produced water from coal bed methane operations. A petroleum corporation and oil company (Appellants) appealed the DEQ's decision to the Environmental Quality Council (EQC). The Wyoming Outdoor Council (WOC) also sought review of the DEQ's decision to issue the general permits. The EQC rejected WOC's claim that general permits were rules and had to be promulgated through the rulemaking procedures set forth in the Wyoming APA. The district court reversed, determining that DEQ was required to promulgate the general permits as rules. The district court also rejected the argument by Appellants that WOC was not entitled to seek EQC review of the DEQ's decision to issue the general permits, ruling that the Wyoming Environmental Quality Act did allow WOC to seek administrative review by the EQC. The Supreme Court reversed in part and affirmed in part, holding (1) DEQ was not required to promulgate the general permits as administrative rules; and (2) WOC was entitled to EQC review of DEQ's decision to issue the general permits. View "Wyo. Dep't of Env't Quality v. Wyo. Outdoor Council " on Justia Law