The Joint Agriculture, State and Public Lands & Water Resources Committee on Oct. 30 moved forward a bill allowing the Wyoming Legislature to pursue declaratory-judgment lawsuits concerning certain federal environmental statutes and federal land transactions affecting land within Wyoming. The committee also approved an amendment to add a $50 million fund to support litigation.

The draft (LSO 24-254) would amend Wyo. Stat. 28-8-114 to state the Legislature has standing to prosecute actions seeking declaratory relief in order to “protect its interests and the interests of the public” when federal land-use plans or federal actions affect Wyoming land. The draft initially included language declaring the Legislature a “cooperating agency” under several federal environmental statutes; committee members and staff said the cooperating-agency idea is legally complex and noted federal regulations typically require a written agreement and that cooperating-agency status historically applies to executive-branch agencies rather than state legislatures.

Committee amendment and constitutional findings: the committee adopted an amendment (proposed by Cochair Steinmetz) that removed the cooperating-agency wording and added explicit legislative findings referencing the United States Constitution (Article I, Section 8, Clause 17 and Article IV, Section 3) and the Wyoming Act of Admission to assert the Legislature’s jurisdictional interest over lands within the state. The amendment also made clear the Legislature regards itself as a co-equal branch of government in asserting those interests.

Why it matters: witnesses and members framed the proposal as a tool for the state to defend its statutory and constitutional interests where federal land-use plans—such as resource-management plans issued by the Bureau of Land Management—create constraints the state believes would harm Wyoming’s economy and sovereignty. Several committee members said the committee’s push was spurred by ongoing disputes around the Rock Springs Resource Management Plan and related BLM planning actions.

Funding amendment: after discussion the committee approved an amendment creating a litigation fund with an initial appropriation of $50,000,000 (nonreverting) to be used to prosecute actions and to retain outside counsel where necessary. Committee members said the appropriation was a show of legislative intent and a practical recognition that complex federal litigation will require significant resources.

Public comment and staff guidance: legislative staff (LSO) cautioned members that federal statutes commonly require cooperating agency agreements and that the federal agencies would need to accept the Legislature in that role — a step LSO said could not simply be created by statute. Committee members discussed alternatives such as pursuing formal cooperating-agency status by agreement, filing suit under the Legislature’s existing statutory authority, or using the new statutory language to clarify standing for declaratory actions brought by the Legislature.

Committee action and vote: the committee adopted the constitutional findings amendment, added language to include federal purchases of land within the state among the matters in which the Legislature may seek judicial review, and approved the $50 million fund. The bill moved out of committee on a roll-call vote reported as 14 ayes with one excused member.

What the bill does not do: it does not create an administrative or executive branch function for the Legislature; staff and members discussed limits and separation-of-powers issues and framed the language as authorization for the Legislature (and its counsel) to bring declaratory actions and to fund that work. Staff noted that many federal permitting and cooperating-agency processes require written agreements and that an act of statute cannot force a federal agency to accept cooperating-agency status.

Next steps: LSO will prepare conforming bill text and committee sponsors said they expect further legal review and drafting before the bill is filed for the floor. The fund and standing provisions will be subject to further debate about separation of powers and the proper role of the Legislature in litigation against federal agencies.

Ending note: committee members who supported the measure said the statute and the litigation fund signal the Legislature’s intent to defend Wyoming land-use interests through litigation if necessary; members opposed to the bill did not prevail in committee and the draft will next proceed through the Legislature with further review anticipated.