United States Steel Corp. v. Wyo. Enviro. Quality

This appeal concerns an attempted amendment or repeal of the Wyoming Environmental Quality Councils water turbidity standard, and a denial of appellant-United - Page 750 States Steels request for a variance from this standard. On May 1, 1975, appellant filed before the E.Q.C. a petition to amend or repeal the turbidity standard, and an application for a variance. Public notice of a hearing to be held on appellants petition was given. On July 30, 1975, the hearing was held. Prior thereto, appellant was informed that the hearing would not be conducted as a contested case and, as a result, at the hearing appellant was denied the right to cross-examine witnesses or submit briefs, and witnesses were not sworn. Subsequently, the E.Q.C. issued a resolution denying appellants petition and application for a variance. Appellant filed a petition for review of this decision. The district court dismissed the petition for lack of subject-matter jurisdiction with respect to the turbidity standard, and entered summary judgment in favor of the E.Q.C. with respect to its denial of a variance. We will affirm this disposition.