Wyoming Court Rejects Agency Limitations on Oil and Gas Categorical Exclusions

摘要

Western Energy Alliance (WEA) filed an action in the U.S. District Court'for the District of Wyoming challenging the issu-ance of agency instruction documents that limit the use of categorical exclusions Established by Congress in section 390 of the Energy Policy Act of 2005 (Section 390), 42 U.S.C. § 15942, for certain federaf oil and gas development activities. In Western Energy Alliance v. Salazar, No. 10-CV-237F, 2011 WL3738240 (D. Wyo. Aug. 12, 2011), the court vacated and enjoined the implementation of the instruction documents nationwide, holding that the instructions were adopted contrary to public notice and comment procedures.