Section 5-2 - Who May Receive an Award (a) Appropriate costs and expenses including attorneys' fees may be awarded: - (i) To a permittee from any person, but only if the Council finds that:
- (A) The person initiated or participated in enforcement action in bad faith for the purpose of harassing or embarrassing the permittee.
- (ii) To a permittee from the Department, but only if the Council finds that:
- (A) The Department issued an order of cessation, a notice of violation, or an order to show cause why a permit should not be suspended or revoked, in bad faith and for the purpose of harassing or embarrassing the permittee.
- (iii) To any person from the permittee, but only if the Council finds that:
- (A) The person initiated or participated in an administrative proceeding reviewing enforcement actions;
- (B) A violation of the Wyoming Environmental Quality Act, regulations, or permit has occurred, or that an imminent hazard existed; and
- (C) The person substantially contributed to a full and fair determination of the issues.
- (iv) To any person, other than a permittee or its representative, from the Department, but only if the Council finds that:
- (A) The person initiated or participated in a contested case proceeding under the Wyoming Environmental Quality Act as it provides for regulation of surface coal mining and reclamation operations in accordance with P.L. 95-87;
- (B) The person prevailed in whole or part, achieving at least some degree of success on the merits;
- (C) The person substantially contributed to a full and fair determination of the issues.
- (v) To the Department from a person, but only if the Council finds that:
- (A) The Department has demonstrated that a person initiated or participated in reviewing of any enforcement action in bad faith for the purpose of harassing or embarrassing the Department.