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Wyoming Senate Rejects $5 Million Bill for Independent Legal Actions Against Federal Government

Wyoming Senate Rejects $5 Million Bill for Independent Legal Actions Against Federal Government
The Wyoming State Senate (Andrew Towne)
  • PublishedJanuary 31, 2025

The Wyoming Senate has voted down a proposal to allocate $5 million for legislative legal actions against the federal government, particularly concerning environmental regulations and policies, Casper Star-Tribune reports.

On Tuesday, Senate File 41, titled “Federal acts-legal actions authorized,” failed in a third reading with a 14-14 tie vote, two excused absences, and one abstention due to a conflict of interest.

Originally proposing a $75 million fund, the bill was introduced by the Joint Agriculture, State and Public Lands & Water Resources Interim Committee. However, lawmakers reduced the amount to $5 million following financial concerns and doubts about the necessity of such a large allocation.

The bill would have granted the Legislature’s Management Council — comprising a small group of lawmakers — the authority to initiate lawsuits against federal environmental regulations. Critics argued that this function traditionally belongs to the executive branch under Governor Mark Gordon.

Legislators expressed reservations about the cost and the potential redundancy of the measure. Many believed that it was unnecessary to create a separate legal fund when the governor’s office already handles legal challenges against federal policies.

Additionally, changing political dynamics at the federal level diminished interest in pursuing the bill. Senator Mike Gierau (D-Teton County), who successfully pushed for the $70 million reduction, was excused from the final vote. Senate Majority Floor Leader Tara Nethercott (R-Cheyenne), a practicing attorney, abstained due to a conflict of interest.

The 14 senators who opposed the bill included Republicans and one Democrat, reflecting a bipartisan reluctance to approve the measure. Notable names in opposition included Sens. Jim Anderson (R-Casper), Eric Barlow (R-Gillette), and Chris Rothfuss (D-Laramie).

Without debate during the third reading, the proposal failed, effectively ending efforts to give the Legislature independent authority to engage in legal disputes with federal agencies.