Wyoming Department of Environmental Quality v. Wyoming Outdoor Council

Summary

The Wyoming Supreme Court considered whether the Wyoming Department of Environmental Quality was required to use statutory rulemaking procedures when issuing general permits for coal bed methane produced-water discharges. The court held that the permits were properly issued under procedures established by regulation and were not required to be promulgated as administrative rules. The court also held that the Wyoming Outdoor Council was entitled to administrative review of the permit decision by the Environmental Quality Council.

Holdings

1. DEQ was not required to promulgate the Pumpkin Creek and Willow Creek general permits as administrative rules. General permits could be issued as licenses under the procedures established by DEQ's general-permit regulations.
2. The Wyoming Outdoor Council was entitled to seek administrative review before the EQC of DEQ's decision to issue the general permits. Statutory silence did not clearly and convincingly preclude such review.

Questions Presented

1. Whether DEQ was required to use the Wyoming Administrative Procedure Act's statutory rulemaking procedures to issue general permits.
2. Whether the Wyoming Outdoor Council was entitled to administrative review before the Environmental Quality Council of DEQ's decision to issue the general permits.

Disposition

reversed_and_remanded