Senate approves bill giving Legislature option to fund suits against federal government; $75 million appropriation added

Senate File 41, a bill to give the Wyoming Legislature standing and an appropriation to authorize lawsuits against the federal government, passed the Committee of the Whole after more than an hour of debate on Jan. 24, 2025.

The bill would allow the Legislature, while in session, to vote to initiate litigation, and would allow the Management Council to take the same step while the Legislature is out of session. The bill includes a proposed appropriation to create a fund to pay for such litigation.

Advocates said the bill gives Wyoming tools to protect state interests. "It gives the legislature standing to prosecute an action that we think is relevant to the integrity of the legislature," said Senator Ide, who explained the bill on the floor. Supporters argued the appropriation would show the state is prepared to defend its interests in cost-intensive federal litigation.

Opponents warned the change blurs separation-of-powers. "I think we'll get a better job done when the executive branch does it," said Senator Scott, who argued handling litigation through the executive branch and attorney general is the appropriate model. Several senators urged caution about creating a large independent litigation fund without clearer guardrails or coordination with the executive branch.

The standing committee amendment added an explicit appropriation to the bill and set a two‑year sunset provision on that funding; senators discussed that the appropriation figure included during committee work was $75,000,000 and that the appropriation language as amended included a sunset (noted as expiring in 2028). Senator Ide described the appropriation as intended to provide certainty that funds would be available for major litigation.

Lawmakers also debated internal controls: whether management-council approval should require a supermajority or simple majority, and whether creating a legislative fund could lead to conflicting executive and legislative litigation strategies. Questions included whether multiple governments suing the same federal action could strengthen or weaken legal positions and whether current management‑council funds could be used instead.

The Senate adopted the standing committee amendment, the sponsors withdrew an earlier committee‑of‑the‑whole amendment they had offered, and then the bill received a favorable report from the Committee of the Whole and was returned to the floor for further action.

Why it matters: The bill would change who can mount major lawsuits on Wyoming’s behalf and create a specific pool of state funding to pursue legal challenges to federal actions. Supporters say it strengthens the state’s leverage; critics say it risks constitutional separation of powers and could duplicate or undercut executive-branch litigation.

The legislation now moves forward for continued floor consideration and possible House action.