Wyoming Judge Issues Ruling in Brook Mine Appeal

Wyoming Judge Issues Ruling in Brook Mine Appeal

The Wyoming Environmental Quality Council in July of 2017 rejected Ramaco Carbon’s Brook Mine application as submitted, voting against a motion finding the company's application was suitable for publication.

Dr. David Bagley, chairman of the EQC, said he wasn't convinced that alluvial valley floors would not be damaged by mining operations if the permit was granted to the proposed mine just north of Sheridan. Ramaco appealed the Council’s decision, arguing that federal law required the decision to be up to the Wyoming Department of Environmental Quality director, not the council.

Laramie County District Judge Catherine Rogers recently ruled in favor of Ramaco’s appeal, stating in the ruling that the director erred in relying on the Council’s decision. In conclusion, Judge Rogers reversed and vacated the director's denial of the permit application. The cause is remanded to the Wyoming Department of Environmental Quality to complete the permit application process and issue a determination on the sufficiency of the permit application for the Brook Mine. Judge Rogers further stated in the ruling that the director is not bound by the findings of the Council, and that the director is the only regulatory authority empowered to render a decision on whether to issue Brook Mine’s permit application.

The Court's ruling has been attached below.

AttachmentSize
2019-10-25_order_revising_the_decisions_of_the_eqc_deq.pdf1.41 MB
SheridanWyoming.com

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