Wyoming Department of Environmental Quality v. Wyoming Outdoor Council
286 P.3d 1045
Wyo.2012Background
- DEQ issued two general permits for produced water discharges from coal bed methane operations in Pumpkin Creek and Willow Creek (ephemeral tributaries to Powder River).
- Yates Petroleum and Marathon Oil appealed the DEQ decisions to EQC, challenging certain permit conditions; WOC sought EQC review as well.
- WOC argued general permits are rules and must be promulgated under the Wyoming Administrative Procedure Act; EQC rejected this; district court later held general permits must be promulgated as rules and void if not followed.
- The district court affirmed that WOC could seek EQC review and thus reversed DEQ on the rulemaking issue; DEQ and others appealed.
- The court ultimately held that general permits were issued following appropriate procedures and that WOC is entitled to EQC review of DEQ’s decision to issue the general permits, despite 2012 statutory amendments.
- Legislative amendments in 2012 clarified that general permits need not be promulgated as rules, and established procedures for issuing general permits by regulation with public notice and comment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Must DEQ use statutory rulemaking procedures for general permits? | WOC: general permits are rules; require rulemaking. | DEQ/Yates/Marathon: general permits are licenses; follow general permit regulations, not rulemaking. | General permits follow regulatory procedures; not required to be promulgated as rules. |
| Is WOC entitled to administrative review by the EQC of DEQ's general-permit decision? | WOC: statutes allow EQC review for all cases or issues arising under the Act; silence favors review. | Yates/Marathon: no explicit grant; review limited to judicial review; WOC must seek district court review. | WOC is entitled to EQC administrative review of DEQ’s general-permit decision. |
Key Cases Cited
- Holding's Little America v. Board of County Comm'rs of Laramie County, 670 P.2d 702 (Wyo. 1983) (presumption of review unless clear legislative intent to restrict)
- United States Steel Corp. v. Wyoming Environmental Quality Council, 575 P.2d 749 (Wyo. 1978) (reviewability depends on statutory language)
- Qwest Corp. v. State ex rel. Wyo. Dept. of Revenue, 130 P.3d 507 (Wyo. 2006) (deference to agency statutory interpretation)
- Tri-State Generation and Transmission Ass'n v. Wyoming Public Service Comm'n, 735 P.2d 718 (Wyo. 1987) (distinction between adjudicative and legislative actions)
- Caton v. State, 709 P.2d 1260 (Wyo. 1985) (later corrective action as interpretive of legislative intent)