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POWDER RIVER v. WYOMING DEP'T OF ENVTL.

S-20-0016, S-20-0017.

473 P.3d 294 (2020)

2020 WY 127

POWDER RIVER BASIN RESOURCE COUNCIL, Appellant (Petitioner), v. WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY and Brook Mining Company, LLC, Appellees (Respondents). David Fisher and Mary Brezik-Fisher, Appellants (Petitioners), v. Wyoming Department of Environmental Quality and Brook Mining Company, LLC, Appellees (Respondents).

Supreme Court of Wyoming.

September 28, 2020.

Attorney(s) appearing for the Case

Representing Powder River Basin Resource Council: Shannon R. Anderson , Powder River Basin Resource Council, Sheridan, Wyoming. Argument by Ms. Anderson.

Representing David Fisher and Mary Brezik-Fisher: Jay A. Gilbertz , Yonkee & Toner, LLP, Sheridan, Wyoming. Argument by Mr. Gilbertz.

Representing Department of Environmental Quality: Bridget L. Hill , Attorney General; James Kaste , Deputy Attorney General; Matthew VanWormer , Senior Assistant Attorney General. Argument by Mr. VanWormer.

Representing Brook Mining Co., LLC: Patrick R. Day , JoAnna S. DeWald , and Thomas L. Sansonetti , Holland & Hart, LLP, Cheyenne, Wyoming. Argument by Mr. Day.

Before FOX and KAUTZ, JJ., and PERRY, DAY, and LAVERY, DJJ.

[¶1] Appellee, Brook Mining Company, applied to the Wyoming Department of Environmental Quality (WDEQ) for a permit to develop and operate a new surface coal mine in Sheridan County, Wyoming. Pursuant to certain agency rules that allowed for a contested case hearing before a formal agency decision, the Environmental Quality...

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