Warren Livestock v. Albany County — Supreme Court Upholds Aquifer Protection Overlay Zone and Extends Arbitrary-and-Capricious Review to All Agency Rulemaking
The Wyoming Supreme Court affirmed Albany County’s 2023 amendments to its Aquifer Protection Overlay Zone — including a 35-acre minimum lot size within the Casper Aquifer recharge area — holding that counties may use general zoning authority under Wyo. Stat. Ann. § 18-5-201 to protect groundwater without displacing WDEQ’s water quality jurisdiction. The court also established, for the first time in a published Wyoming opinion, that the arbitrary and capricious standard of review applies to all agency legislative action (rulemaking) under WAPA, resolving a gap left open by Bienz v. Board of County Commissioners, 2024 WY 102. Justice Hill dissented on authority, arguing the EQA grants WDEQ exclusive jurisdiction over water quality regulation.