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NLRF v. CONVERSE COUNTY BD. OF CTY. COMR'S

Nos. S-12-0060, S-12-0061.

290 P.3d 1063 (2012)

2012 WY 158

NORTHERN LARAMIE RANGE FOUNDATION, a Wyoming non-profit corporation, Northern Laramie Range Alliance, LLC, a Wyoming limited liability company, and White Creek Ranch, LLC, a Wyoming limited liability company, Appellants (Petitioners), v. CONVERSE COUNTY BOARD OF COUNTY COMMISSIONERS, and Wasatch Wind Intermountain, LLC d/b/a Pioneer Windpark I, LLC, and Pioneer Windpark II, LLC, Appellees (Respondents). Northern Laramie Range Foundation, a Wyoming non-profit corporation, and Northern Laramie Range Alliance, LLC, a Wyoming limited liability company, Appellants (Petitioners), v. Wyoming Department of Environmental Quality, Industrial Siting Division, and Wasatch Wind Intermountain, LLC d/b/a Pioneer Windpark I, LLC, and Pioneer Windpark II, LLC, Appellees (Respondents).

Supreme Court of Wyoming.

December 14, 2012.

Attorney(s) appearing for the Case

Representing Appellants: Peter C. Nicolaysen and Pamela M. Brondos of Nicolaysen & Associates, P.C., Casper, Wyoming. Argument by Mr. Nicolaysen .

Representing Appellee Converse County Board of County Commissioners: No Appearance.

Representing Appellee Wasatch Wind Intermountain, LLC: Brent R. Kunz and Lucas Buckley of Hathaway & Kunz, P.C., Cheyenne, Wyoming; John A. Masterson and Alaina M. Stedillie of Rothgerber Johnson & Lyons LLP, Casper, Wyoming. Argument by Mr. Masterson .

Representing Appellee Wyoming Department of Environmental Quality, Industrial Division: Gregory A. Phillips , Wyoming Attorney General; Jay A. Jerde , Deputy Attorney General; Luke J. Esch , Senior Assistant Attorney General. Argument by Mr. Esch .

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

KITE, Chief Justice.

[¶ 1] This appeal involves two permitting actions for a wind energy project in the mountains of Converse County. In Case No. S-12-0060, the Northern Laramie Range Alliance, LLC (NLRA), Northern Laramie Range Foundation (NLRF) and White Creek Ranch, LLC ("the objectors") challenge the district court's affirmance of the Converse County Board of County Commissioners' (Board) decision to grant Wasatch Wind Intermountain, LLC's (Wasatch) application...

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