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ALLIED FID. INS. CO. v. ENV. QUALITY COUNCIL

No. 86-259.

753 P.2d 1038 (1988)

ALLIED FIDELITY INSURANCE COMPANY, Appellant (Petitioner), v. ENVIRONMENTAL QUALITY COUNCIL and the Department of Environmental Quality, Appellees (Respondents),

Supreme Court of Wyoming.

Rehearing Denied June 2, 1988.

Attorney(s) appearing for the Case

Raymond W. Martin of Godfrey, Sundahl & Jorgenson, Cheyenne, for appellant.

Joseph B. Meyer, Atty. Gen., Mary B. Guthrie, Sr. Asst. Atty. Gen., for Environmental Quality Council.

John D. Erdmann, Sr. Asst. Atty. Gen., for Dept. of Environmental Quality.

Before BROWN, C.J., and THOMAS, CARDINE, URBIGKIT and MACY, JJ.

URBIGKIT, Justice.

The Environmental Quality Council (EQC), the adjudicatory panel of the Department of Environmental Quality (DEQ), in performance of its reclamation responsibilities, denied a hearing request made by the surety when an insolvent operator ceased business and left uncompleted its statutory duty to reclaim mined land. The agency determined that the statute which provided a hearing right to the operator did not inure to the surety after the operator...

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