Wyoming Statutes

Wyo. Stat. § 35-11-437 (2026)

Enforcement for surface coal mining operations.

✓ current as of May 2026
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(a) The director or his designated authorized
representative shall issue a cessation order covering that
portion of the operation relevant to the violation or hazard and
impose any necessary affirmative obligations if:

          (i) On the basis of an inspection, it is determined
that a condition or practice exists, or violation is occurring,
which creates an imminent danger to the public or which is
causing or may reasonably be expected to cause significant,
imminent environmental harm to land, air or water resources; or

          (ii) Any violation of this article, land quality
division regulations or permit conditions has not been abated
within the time specified in the notice for abatement described
in subsection (b) of this section, which period shall not exceed
ninety (90) days.

     (b) The director or his designated authorized
representative shall issue a notice fixing a reasonable time for
abatement and impose any necessary affirmative obligations if:

          (i) On the basis of an inspection, it is determined
that a permittee is in violation of this article, land quality
division regulations or any permit conditions; and

          (ii) A cessation order is not required under
subsection (a) of this section.

     (c) Any notice or order issued pursuant to this section
may be affirmed, modified, vacated or terminated by:

         (i)   The director or his authorized representative; or

          (ii) The council, if the operator or any person
having an interest which is or may be adversely affected files a
petition for review within thirty (30) days of the receipt of
the notice or order. The council shall order any necessary
investigation and provide a public hearing, if requested. Any
public hearing shall be conducted as a contested case proceeding
in accordance with the Wyoming Administrative Procedure Act.
     (d) The director or, in his absence, the administrator
shall affirm, modify, vacate or terminate any notice or order
issued pursuant to this section which results in or requires
cessation of mining within forty-eight (48) hours of its
issuance. If cessation is affirmed, the operator shall be
notified of the decision and be afforded an opportunity to
request a hearing within ten (10) days of the decision. If a
hearing is requested, the director shall fix a time and place
for hearing before the council within five (5) calendar days of
the request. The council shall affirm, modify or set aside the
director's decision within forty-eight (48) hours following the
adjournment of the hearing.

     (e) Any notice or order issued pursuant to this section
may be temporarily stayed pending review by the council if
requested by the operator. Any request for a stay shall contain
a detailed statement giving reasons for granting the stay. The
council shall issue a decision granting or denying the stay in
accordance with rules and regulations promulgated by the
council.

     (f) At the request of any person, a sum equal to the
aggregate amount of all costs and expenses (including attorney's
fees) as determined by the council to have been reasonably
incurred by the person for or in connection with his
participation in the proceedings, including any judicial review
of agency actions, may be assessed against either party as the
court or the council deems proper. This subsection shall apply
only to contested case proceedings or subsequent judicial review
proceedings under the provisions of this act relating to the
regulation of surface coal mining and reclamation operations in
accordance with P.L. 95-87, as that law is worded on August 3,
1977. For payments from the department:

          (i)   Repealed by Laws 1994, ch. 4, §§ 1, 2.

          (ii) The contribution of a person who did not
initiate a proceeding shall be separate and distinct from the
contribution made by a person initiating the proceeding.

          (iii)    Repealed by Laws 1994, ch. 4, §§ 1, 2.

    (g)   Repealed by Laws 1994, ch. 4, § 2.
Notes of Decisions
Cited in 1 case, 1994–1994 · leading case: Powder River Basin Resource Council v. Wyoming Env't Quality Council, 869 P.2d 435 (Wyo. 1994).
Powder River Basin Resource Council v. Wyoming Env't Quality Council, 869 P.2d 435 (Wyo. 1994). · cites it 2× “The language of the federal act is similar to Wyo.Stat. § 35-11-437(f): Whenever an order is issued under this section, or as a result of any administrative proceeding under this chapter, at the request of any person, a sum equal to the aggregate amount of all costs and expenses…”
— Wyo. Stat. § 35-11-437(f) — 1 case
Powder River Basin Resource Council v. Wyoming Env't Quality Council, 869 P.2d 435 (Wyo. 1994). “The language of the federal act is similar to Wyo.Stat. § 35-11-437(f): Whenever an order is issued under this section, or as a result of any administrative proceeding under this chapter, at the request of any person, a sum equal to the aggregate amount of all costs and expenses…”
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