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STALKUP v. STATE DEPT. OF ENV. QUALITY

Nos. 91-89, 91-90.

838 P.2d 705 (1992)

Rodney L. STALKUP; George William Snodgrass; and Phyllis J. Snodgrass, Appellants (Plaintiffs), v. STATE of Wyoming DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ); and Rissler & McMurry Company, a Wyoming Corporation, Appellees (Defendants). RISSLER & McMURRY COMPANY, a Wyoming Corporation, Appellants (Defendants), v. Rodney L. STALKUP; George William Snodgrass; and Phyllis J. Snodgrass, Appellees (Plaintiffs).

Supreme Court of Wyoming.

August 31, 1992.

Attorney(s) appearing for the Case

Jeffrey C. Gosman, Casper, for appellants in No. 91-89 and appellees in No. 91-90.

Joseph B. Meyer, Atty. Gen., Mary B. Guthrie, Deputy Atty. Gen., Steve Jones, Sr. Asst. Atty. Gen. and John Coppede, Asst. Atty. Gen., Cheyenne, for appellee State of Wyo. Dept. of Environmental Quality in No. 91-89.

Donald J. Rissler of Brown, Raymond & Rissler, Casper, for Rissler & McMurry Co., appellee in Nos. 91-89 and appellant in 91-90.

Before MACY, C.J., and THOMAS, CARDINE, URBIGKIT and GOLDEN, JJ.

GOLDEN, Justice.

This appeal involves a challenge by adjoining landowners under the Wyoming Environmental Quality Act (Act) to a limestone mine and mine haul road planned by Rissler & McMurry Company (Rissler) and approved by the State of Wyoming Department of Environmental Quality (DEQ). Rissler filed a notification and consent, but was not required to comply with several of the usual permitting requirements because it was exempt from those requirements and instead...

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