KERR-McGEE CORP. v. WYO. OIL & GAS CONSERVATION COMMISSION

No. 94-292.

903 P.2d 537 (1995)

KERR-McGEE CORPORATION, Appellant (Petitioner), v. WYOMING OIL AND GAS CONSERVATION COMMISSION; and Wyoming Department of Revenue and Taxation, Appellees (Respondents).

Supreme Court of Wyoming.

September 27, 1995.


Attorney(s) appearing for the Case

Craig Newman, Casper, for Kerr-McGee Corporation.

Joseph B. Meyer, Attorney General; Roberta Rinegar, Assistant Attorney General, Casper, for Wyoming Oil and Gas Conservation Commission.

Before GOLDEN, C.J., and THOMAS, MACY, TAYLOR and LEHMAN, JJ.


THOMAS, Justice.

The primary issue we address in this case is the limits of the authority of an administrative agency, a creature of the legislature. The question presented is whether the Wyoming Oil and Gas Conservation Commission (Commission) has the authority to deny a statutory two percent excise tax exemption in certifying a tertiary recovery project. The Commission, using ambiguous language, apparently certified the project, which was to be conducted in a production...

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