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MATTER OF BESSEMER MT.

No. 92-226.

856 P.2d 450 (1993)

In the Matter of a Petition To Designate BESSEMER MT. as Rare and Uncommon. RISSLER & McMURRY, Petitioner, v. ENVIRONMENTAL QUALITY COUNCIL, Respondent.

Supreme Court of Wyoming.

July 15, 1993.

Attorney(s) appearing for the Case

Donald J. Rissler, Brown, Raymond & Rissler, P.C., Casper, for petitioner.

Joseph B. Meyer, Atty. Gen., Mary B. Guthrie, Deputy Atty. Gen., for respondent.

Before MACY, C.J., and THOMAS and GOLDEN, JJ., ROONEY, J., Retired, and LANGDON, District Judge, Retired.

THOMAS, Justice.

The essential question posed in this case is whether the Environmental Quality Council (EQC) can, pursuant to WYO.STAT. § 35-11-112(a)(v) (Supp.1992), classify lands within the state as "very rare or uncommon" without adopting by regulation the criteria or factors that will establish a standard for such a classification. We are satisfied that, in the absence of factors or criteria established by regulation, the phrase "very rare or uncommon"...

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