Environmental protection agency actions.

WORKING DRAFT
2014
STATE OF
WYOMING
14LSO-0295

HOUSE BILL
NO.

HB0078

Environmental protection agency
actions
.

Sponsored by:
Representative(s) Miller, Jaggi, Larsen, Loucks, Reeder and
Winters
and Senator(s) Bebout, Coe, Cooper, Geis and Hicks

A BILL

for

AN ACT relating to authority of the federal government; recognizing the constitutional limitations on rulemaking authority of federal agencies and specifically the environmental protection agency; providing legislative findings in relation to those limitations; specifying the policy of the state in regard to actions of the environmental protection agency; authorizing the attorney general to take actions; authorizing and prioritizing the use of federal natural resource policy account funds; and providing for an effective date.

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

Section 1.

W.S. 9
‑
14
‑
102
is created to read:

9
‑
14
‑
1
02
.

Unauthorized federal agency actions.

(a
)

The legislature finds:

(
i
)

Rules enacted
and other actions taken by a federal agency
in excess of authority authorized by the United States
c
ongress
acting within its powers under the United States constitution
violate
the constitution;

(ii)

The
federal environmental protection
agency has increasingly ex
panded its
rulemaking authority granted by the United States
co
ngress in creation of the agency in 1970;

(iii)

Rulemaking
and other actions of the federal environmental protection agency have severely impacted the ability of the state and its citizens to prudently develop the state's natural resources;

(iv)

When
rulemaking and other actions of the federal environmental protection agency rest on questionable congressional authority the state must act to protect its interests and the interests of its citizens and should challenge those actions, including unlawful rulemaking.

(
b
)

The legislature declares
it is the state's policy to vigorously defend its
interests and those of its
citizens against rulemaking
and other actions
of the federal environmental protection agency which
are
not authorized by the United States
c
ongress
or which rest upon questionable authority
.

(c)

The attorney general may seek to
take
action
before the federal environmental protection agency or
in any state or federal court in Wyoming to stop the enforcement, administration or implementation of rulemaking or other actions taken by th
at
agency if
,
in his judgment
,
the rulemaking or other
action
exceeds the authority granted by the United States
c
ongress or otherwise rests on questionable authority. The
attorney general is directed to advance arguments that
protect the state's tax base or protect the property rights of its citizens
.

Before intervening
in or initiating
any lawsuit pursuant to this section, the attorney general shall obtain the approval of the governor.

Section 2.

W.S.
9
‑
4
‑
218(c) is amended to read:

9
‑
4
‑
218.

Federal natural resource policy account created; purposes.

(c)

In the expenditure of funds from the federal natural resources policy account pursuant to this section, preference shall be given to those funding requests that
:

(
i
)

E
nhance the ability of a county to participate in federal natural resource policy matters
;
.

or

(ii)

Fund actions taken under paragraph (a
)(
iii) of this section as the governor determines necessary or advisable to protect the state's tax base or property rights within the state from actions taken by the environmental protection agency.

Section 3.
This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

1
HB0078