Rissler & McMurry v. Environmental Quality Council

THOMAS, Justice.

The essential question posed in this case is whether the Environmental Quality Council (EQC) can, pursuant to Wyo.Stat. § 35-11-112(a)(v) (Supp.1992), classify lands within the state as “very rare or uncommon” without adopting by regulation the criteria or factors that will establish a standard for such a classification. We are satisfied that, in the absence of factors or criteria established by regulation, the phrase “very rare or uncommon” is too amorphous to permit judicial review of the action of the EQC, as required by statute. In the absence of the appropriate criteria…