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2015 Op. Wyo. Att'y Gen. 1 (2015)

handle is hein.sag/sagwy2015 and id is 1 raw text is: Office of the Attorney General Governor Administration Division Chief Deputy Attorney General Matthew H. Mead 123 State Capitol John G. Knepper Cheyenne, Wyoming 82002 Attorney General 307-777-7841 Telephone Peter K. Michael 307-777-6869 Fax FORMAL OPINION 2015-001 September 8, 2015 Todd Parfitt, Director Wyoming Department of Environmental Quality 122 West 25th Street Cheyenne, WY 82002 RE: Rulemaking under the Wyoming Environmental Quality Act Dear Director Parfitt: In a letter dated August 21, 2015, you requested an Attorney General opinion on the following questions: I. Does the Environmental Quality Council (Council) have independent rulemaking authority or does it require a recommendation from the Director of the Wyoming Department of Environmental Quality (DEQ) before being empowered to develop or act on proposed rules? If a recommendation is required as a condition precedent to the Council's authority, does that recommendation have to be positive? In other words, does the Director of DEQ need to positively recommend a proposed rule as necessary for the administration of the Wyoming Environmental Quality Act (EQA) before the Council has the authority to act on the proposed rule? Does the Council have the authority to act if DEQ advises against the adoption of a proposed rule? II. If the Council receives a petition for rulemaking from a member of the public, does it have authority to act on that petition and, if so, does the