Wyoming Administrative Code
Agency 020 - Environmental Quality, Dept. of
Sub-Agency 0008 - Practice and Procedure
Chapter 5 - PETITIONS FOR AWARD OF COSTS AND EXPENSES UNDER W.S. 35-11-437(f)
Section 5-2 - Who May Receive an Award
Universal Citation: WY Code of Rules 5-2
Current through September 21, 2024
(a) Appropriate costs and expenses including attorneys' fees may be awarded:
(i) To a permittee from any person, but only
if the Council finds that:
(A) The person
initiated or participated in enforcement action in bad faith for the purpose of
harassing or embarrassing the permittee.
(ii) To a permittee from the Department, but
only if the Council finds that:
(A) The
Department issued an order of cessation, a notice of violation, or an order to
show cause why a permit should not be suspended or revoked, in bad faith and
for the purpose of harassing or embarrassing the permittee.
(iii) To any person from the
permittee, but only if the Council finds that:
(A) The person initiated or participated in
an administrative proceeding reviewing enforcement actions;
(B) A violation of the Wyoming Environmental
Quality Act, regulations, or permit has occurred, or that an imminent hazard
existed; and
(C) The person
substantially contributed to a full and fair determination of the
issues.
(iv) To any
person, other than a permittee or its representative, from the Department, but
only if the Council finds that:
(A) The person
initiated or participated in a contested case proceeding under the Wyoming
Environmental Quality Act as it provides for regulation of surface coal mining
and reclamation operations in accordance with P.L. 95-87;
(B) The person prevailed in whole or part,
achieving at least some degree of success on the merits;
(C) The person substantially contributed to a
full and fair determination of the issues.
(v) To the Department from a person, but only
if the Council finds that:
(A) The Department
has demonstrated that a person initiated or participated in reviewing of any
enforcement action in bad faith for the purpose of harassing or embarrassing
the Department.
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