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SIERRA CLUB v. WYO. DEPT. OF ENVT'L QUALITY

No. S-10-0105.

251 P.3d 310 (2011)

2011 WY 42

SIERRA CLUB, Appellant (Petitioner), v. WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY, and Medicine Bow Fuel & Power, LLC, Appellees (Respondents).

Supreme Court of Wyoming.

March 9, 2011.

Attorney(s) appearing for the Case

Representing Appellant: Gay George , George Law, PC, Cheyenne, Wyoming; Andrea Issod , Sierra Club, San Francisco, California. Argument by Ms. Issod.

Representing Appellees: Bruce A. Salzburg , Attorney General; Jay Jerde , Deputy Attorney General; Nancy Vehr , Senior Assistant Attorney General; John Coppede , Hickey & Evans, LLP, Cheyenne, Wyoming; Mary Throne , Throne Law Office, Cheyenne, Wyoming. Argument by Ms. Vehr and Ms. Throne .

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

BURKE, Justice.

[¶ 1] The Wyoming Department of Environmental Quality (DEQ) issued an air quality permit to Medicine Bow Fuel and Power LLC (Medicine Bow), authorizing the construction of a facility that will gasify and liquefy coal, and of an associated underground coal mine. The Sierra Club appealed the issuance of that permit to the Wyoming Environmental Quality Council (Council), which upheld the DEQ's decision. The Sierra Club appealed the Council's decision...

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