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POWDER RIV. BAS. RES. v. DEP. OF ENV. QUAL.

No. S-09-0037.

226 P.3d 809 (2010)

2010 WY 25

POWDER RIVER BASIN RESOURCE COUNCIL and Sierra Club, Appellants (Petitioners), v. WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY, and Basin Electric Power Cooperative, Appellees (Respondents).

Supreme Court of Wyoming.

March 5, 2010.

Attorney(s) appearing for the Case

Representing Appellants: James S. Angell and Robin Cooley of Earthjustice, Denver, Colorado. Argument by Robin Cooley.

Representing Appellee Wyoming Department of Environmental Quality: Bruce A. Salzburg, Wyoming Attorney General; Jay A. Jerde, Deputy Attorney General; Nancy E. Vehr, Senior Assistant Attorney General; Lucas J. Esch, Assistant Attorney General. Argument by Ms. Vehr.

Representing Appellee Basin Electric Power Cooperative, Inc.: Patrick R. Day and Mark R. Ruppert of Holland & Hart LLP, Cheyenne, Wyoming. Argument by Mr. Day.

Before VOIGT, C.J., and GOLDEN, HILL, KITE, and BURKE, JJ.

KITE, Justice.

[¶ 1] The Wyoming Department of Environmental Quality (DEQ) issued an air quality permit to Basin Electric Power Cooperative (Basin Electric) for a new coal-fired electric power plant, called the Dry Fork Station, to be built in Wyoming's Powder River Basin. The Powder River Basin Resource Council and the Sierra Club (collectively the PRBRC) challenged that air quality permit before the Wyoming Environmental...

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