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eBook details

• Title: Matter of Bessemer Mt.
• Author : Supreme Court of the United States
• Release Date : January 15, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

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 or factors adopted by administrative rulemaking, classifications made on an ad hoc basis are inherently arbitrary and capricious. We reverse the decision of the EQC and remand this case for a determination in the light of appropriate standards for such classifications, adopted pursuant to a regular rulemaking proceeding conducted in accordance with the Wyoming Administrative Procedure Act.

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