UNIVERSAL EQUIPMENT CO. v. STATE

No. 92-21.

839 P.2d 967 (1992)

UNIVERSAL EQUIPMENT CO., an Ohio corporation, Appellant (Defendant), v. STATE of Wyoming By and Through the DEPARTMENT OF ENVIRONMENTAL QUALITY, Appellee (Defendant).

Supreme Court of Wyoming.

October 21, 1992.


Attorney(s) appearing for the Case

David D. Freudenthal of Herschler, Freudenthal, Salzburg, Bonds & Rideout, P.C., Cheyenne, and Michael K. Yarbrough of Frost and Jacobs, Columbus, Ohio, for appellant.

Joseph B. Meyer, Atty. Gen., Mary B. Guthrie, Steve Jones, Sr. Asst. Attys. Gen., Thomas A. Roan, Asst. Atty. Gen., and Joel M. Vincent of Vincent & Vincent, Riverton, for appellee.

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


MACY, Chief Justice.

Appellant Universal Equipment Co. challenges the district court's order requiring it to post an additional performance bond to ensure reclamation of its mine-site buildings and facilities. Appellant contends that the Wyoming Environmental Quality Act (WEQA) does not authorize the Department of Environmental Quality (DEQ) to impose reclamation and bonding requirements for buildings and facilities which were built before the WEQA was enacted.

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