State legal action-NEPA and ESA.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0269

HOUSE BILL
NO.
HB0136

State legal action-NEPA and ESA.

Sponsored by:
Representative(s) Childers, Cohee, Jaggi, Philp and Simpson and Senator(s) Bebout, Coe, Townsend and Vasey

A BILL

for

AN ACT relating to federal natural resource policy; providing for the investigation and initiation of legal action; providing the attorney general the ability to seek legal remedies as specified;
requiring a report;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

(a)

The attorney general shall investigate potential litigation against the federal government of the
United States
for the reasons provided in this section or, in the alternative, may initiate litigation, file an amicus curiae brief or intervene as provided by state or federal law in any existing lawsuit concerning essentially the same issues. When considering whether to initiate or intervene in litigation, the attorney general shall give precedence to lawsuits whose venue is within Wyoming, but may act in lawsuits filed anywhere in the United States.

(b)

All costs of the investigation or litigation shall be provided from the federal natural resource policy account pursuant to W.S. 9
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4
‑
218, but nothing in this section shall be construed to prohibit the state, through the attorney general or a private attorney representing the state under contract, from seeking reasonable costs and attorney's fees from any responding party in litigation.

(c)

The investigation or litigation initiated by the attorney general under this section shall include determination of whether the state of Wyoming is entitled to damages or other relief as provided by state or federal laws or rules or regulations as a result of the failure of any federal government agency to follow the requirements of the National Environmental Policy Act, the Endangered Species Act or any other act placing procedural requirements on the federal government agency with respect to natural resources issues. Specifically, the attorney general is authorized to request relief in the form of judicial direction requiring federal agencies to incorporate sections 101, 103 and 104 of the National Environmental Policy Act in decisions and administration under all federal natural resources laws. Additionally, the attorney general is
authorized
to pursue legal options regarding the relisting of wolves on the endangered species act. The attorney general is authorized to take any legal action to pursue other claims against the federal government that may arise in the course of preparing the efforts authorized by this section.

(d)

The investigation initiated under this section shall consider whether the agencies have met the requirements of NEPA:

(i)

To create and maintain conditions under which man and nature can exist in productive harmony;

(ii)

To provide documentation under section 103; and

(iii)

To coordinate with and act upon recommendations of local governments or state agencies.

(e)

The attorney general shall:

(i)

Monitor and identify monetary compensation received from federal agencies under W.S. 9
‑
4
‑
218 and this section;

(ii)

In cooperation with other relevant state agencies, determine the benefits accrued to the state from actions undertaken pursuant to W.S. 9
‑
4
‑
218 and this section; and

(iii)

On or before January 1, 2010, report to the joint agriculture, public lands and water resources interim committee and the joint appropriations interim committee on duties assigned under paragraphs (i) and (ii) of this subsection.

Section 2.
This act is effective July 1, 2009.

(END)

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HB0136