Environmental protection agency actions-2.

WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0075

ENROLLED ACT NO. 30, SENATE

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2014 BUDGET SESSION

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
c
onstitution
violate
the
c
onstitution;

(ii)

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

(iii)

Current r
ulemaking
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 is authorized
to protect its interest
s
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 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 auth
ority.
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
jurisdictional, economic or property interests
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)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1