HERMES CONSOL., INC. v. PEOPLE

No. 92-89.

849 P.2d 1302 (1993)

HERMES CONSOLIDATED, INC., Appellant (Defendant), v. PEOPLE of the State of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

April 6, 1993.


Attorney(s) appearing for the Case

Stanley K. Hathaway, Rick A. Thompson, and Rebecca L. Hellbaum of Hathaway, Speight, Kunz, Trautwein & Barrett, Cheyenne, for appellant.

Joseph B. Meyer, Atty. Gen., Mary B. Guthrie, Sr. Asst. Atty. Gen., and William J. Flynn, Asst. Atty. Gen., for appellee.

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


CARDINE, Justice.

After a bench trial, the district court entered an order which required Hermes Consolidated Inc. (Hermes) to implement hazardous waste remediation procedures at their refinery. Hermes appeals claiming that the State Department of Environmental Quality (DEQ) is pre-empted by an EPA federal consent decree entered pursuant to the federal Resource Conservation and Recovery Act (RCRA). We agree and reverse.

Appellant raises these issues:

...

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