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DEPT. OF ENVIRONMENTAL v. OUTDOOR COUNCIL

Nos. S-12-0002, S-12-0003.

286 P.3d 1045 (2012)

2012 WY 135

The WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY, Appellant (Respondent), and Yates Petroleum Corporation and Marathon Oil Company, Appellants (Petitioners), v. WYOMING OUTDOOR COUNCIL, Appellee (Cross-Petitioner). Yates Petroleum Corporation and Marathon Oil Company, Appellants (Petitioners), v. Wyoming Outdoor Council, Appellee (Cross-Petitioner) and The Wyoming Department of Environmental Quality, Appellee (Respondent).

Supreme Court of Wyoming.

October 19, 2012.

Attorney(s) appearing for the Case

Representing Wyoming Department of Environmental Quality: Gregory A. Phillips , Attorney General; Jay A. Jerde , Deputy Attorney General; Michael Barrash , Senior Assistant Attorney General; Christopher M. Brown , Senior Assistant Attorney General. Argument by Mr. Barrash and Mr. Jerde .

Representing Yates Petroleum and Marathon Oil Company: Eric L. Hiser and Matthew Joy , Jorden Bischoff & Hiser, PLC, Scottsdale, Arizona. Argument by Mr. Joy .

Representing Wyoming Outdoor Council: Steve Jones , Jones and Maxon Law Office, Jackson, Wyoming.

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

BURKE, Justice.

[¶ 1] This appeal involves the issuance by the Wyoming Department of Environmental Quality (DEQ) of two general permits for the discharge of produced water from coal bed methane operations in northeastern Wyoming. Yates Petroleum Corporation and Marathon Oil Company (Yates and Marathon) appealed the DEQ's decision to the Environmental Quality Council (EQC), challenging certain conditions of the two general...

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