§ 35-11-1001 — Judicial review; temporary relief; conditions

Wyoming § 35-11-1001

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 11: ENVIRONMENTAL QUALITY
• Art. 10: JUDICIAL REVIEWS

Text

(a) Any aggrieved party under this act, any person who
filed a complaint on which a hearing was denied, and any person
who has been denied a variance or permit under this act, may
obtain judicial review by filing a petition for review within
thirty (30) days after entry of the order or other final action
complained of pursuant to the provisions of the Wyoming
Administrative Procedure Act.
(b) Any person having a legal interest in the mineral
rights or any person or corporation having a producing mine or
having made substantial capital expenditures and commitments to
mine mineral rights with respect to which the state has
prohibited mining operations because the mining operations or
proposed mining operations would irreparably harm, destroy or
materially impair an area that has been designated to be of a
unique and irreplaceable historical, archeological, scenic or
natural value, may petition the district court for the district
in which the mineral rights are located to determine whether the
prohibition so restricts the use of the property as to
constitute an unconstitutional taking without compensation. Upon
a determination that a taking has occurred the value of the
investment in the property or interests condemned shall be
ascertained and damages shall be assessed as in other
condemnation proceedings.
(c) In a proceeding to review any order or decision of the
department providing for regulation of surface coal mining and
reclamation operations in accordance with P.L. 95-87, the court
may under conditions it prescribes grant temporary relief
pending final determination of the review proceedings if:
(i) All parties to the proceedings were notified and
given opportunity for hearing on the request for temporary
relief;
(ii) The party requesting relief shows there is a
substantial likelihood he will prevail on the final
determination of the proceeding; and
(iii) The relief will not adversely affect the public
health and safety or cause significant environmental harm to
land, air or water resources.