SF0041

Failed

Federal acts-legal actions authorized.

Allow the legislature to initiate lawsuits regarding federal act administration and interpretation with management council approval.

Full legal title

AN ACT relating to the legislature; authorizing the legislature to prosecute actions involving the proper administration and interpretation of federal acts; making conforming amendments; authorizing the management council to initiate litigation upon a majority vote; providing legislative findings; providing for the use of funds for litigation purposes; and providing for an effective date.

Government

Sponsor:

View on wyoleg.gov Introduced Text (PDF)Digest (PDF)Fiscal Note (PDF)

What does this bill do?

Authorizes the Wyoming legislature to initiate legal actions challenging federal land use decisions and the interpretation of federal environmental and land management laws.

Establishes legislative findings that the Wyoming legislature has constitutional jurisdiction and sufficient interest in federal land use plans within the state to prosecute declaratory judgment actions regarding proper interpretation and administration of federal acts including the National Environmental Policy Act, Federal Land Policy and Management Act, National Historic Preservation Act, Endangered Species Act, Clean Air Act, and Clean Water Act. (W.S. 28-8-114(b), Sec. 1)
Authorizes the legislature by majority vote of both houses, or the management council by majority vote during interim periods, to commence and prosecute actions for declaratory judgment in state or federal courts to protect legislative rights, powers, and interests and to ensure proper interpretation of the constitution, statutes, administrative rules, and federal acts. (W.S. 28-8-114(c), Sec. 1)
Permits the legislature to direct the management council by resolution to prosecute an action, and allows the management council to commence actions on its own motion. (W.S. 28-8-114(d), Sec. 1)
Allows the legislature or management council to use the legal staff of the legislative service office or to employ private counsel to commence and prosecute litigation. (W.S. 28-8-114(e), Sec. 1)
Authorizes the management council to utilize up to seventy-five million dollars from the legislative stabilization reserve account for litigation purposes authorized under this section. (W.S. 28-8-114(f), Sec. 1)