SF0120 - DEQ permitting process-award for bad faith objections.

 

2001

State of Wyoming

01LSO-0264

 

 

 

SENATE FILE NO.  SF0120

 

 

DEQ permitting process-award for bad faith objections.

 

Sponsored by:  Senator(s) Meier and Hinchey and
Representative(s) Huckfeldt and Philp

 

 

A BILL

 

for

 

 1  AN ACT relating to department of environmental quality
 2  permits; providing for a petition for award of costs and
 3  expenses for bad faith objections; providing for answer;
 4  providing for contents of the petition; providing for award
 5  of costs and expenses; limiting circumstances under which
 6  award may be made; and providing for an effective date.

 7 

 8  Be It Enacted by the Legislature of the State of Wyoming:

 9 

10         Section 1.  W.S. 35-11-804 is created to read:

11 

12         35-11-804.  Petition for award of costs and expenses;
13  answer; award; limitations.

14 

15         (a)  At any time after an applicant has filed an
16  application for a permit under this act and the department

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 1  receives from any person, except a property owner or lessee
 2  directly affected by the permit application, an objection
 3  to the application for the permit during the time for
 4  public participation but before the permit is issued or
 5  denied, the applicant may file with the department a
 6  petition for award of costs and expenses, including
 7  attorney fees, alleging the objection was filed in bad
 8  faith for the purpose of harassing or embarrassing the
 9  applicant. The person making the objection who is served
10  with a petition shall have thirty (30) days after the date
11  of service to answer the petition. Failure to timely file
12  an answer to the petition shall result in a default
13  entitling the petitioner to award of costs and expenses,
14  including attorney fees.

15 

16         (b)  The petition shall contain the petitioner's name,
17  state with particularity the basis for the allegation that
18  the objection was filed in bad faith and include a detailed
19  accounting, including receipts, of all costs and expenses,
20  including attorney's fees, reasonably incurred by the
21  petitioner for or in connection with his participation in
22  the proceedings, including any judicial review. When
23  attorney fees are claimed, the petition shall include
24  evidence concerning the hours expended on the case, the

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 1  customary commercial rate of payment for such services in
 2  the area, and the experience, reputation and ability of the
 3  individual performing the services.

 4 

 5         (c)  If the council or the court finds the person
 6  filed the objection in bad faith for the purpose of
 7  harassing or embarrassing the applicant, the council, or on
 8  appeal the court, may award costs and expenses, including
 9  attorney fees, to the applicant for defending the
10  application. An award under this section may include all
11  costs and expenses, including attorney fees and expert
12  witness fees reasonably incurred in seeking the award.

13 

14         (d)  The remedies in this section are not available to
15  a petitioner who has other more specific redress for costs
16  and expenses under any federal or state law, rule or
17  regulation.

18 

19         Section 2.  This act is effective July 1, 2001.

20 

21                         (END)

 

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