Daily Darwin

If you need a new weightlifting coach for the new year, this guy is available...

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Cowboy State Daily is Wyoming’s largest newspaper with Wyoming’s most experienced journalists. 

<title>Daily Darwin: Friday, December 29, 2023 | Cowboy State Daily</title>

Daily Darwin: Friday, December 29, 2023

 If you need a new weightlifting coach for the new year, this guy is available...

Heinz mark

Mark Heinz

Public Lands

People keep using a steep, scenic hillside above Sinks Cayon near Lander as a climbing challenge for off-road vehicles, leaving tire ruts that have lasted more than two decades, a retired Forest Service ranger says.

Overzealous off-roaders have illegally gone ripping up Fossil Hill so many times, retired forester Karl Brauneis wonders if the marred hillside will ever heal.

“I just don’t think that site is going to recover. And that fact that people keep driving up it means it’s going to remain an eyesore,” Brauneis told Cowboy State Daily.

In 2005, he wrote the last ticket of his career with the Forest Service after watching a young man on a dirt bike illegally buzzing up the hillside.

“I waited until he came back down, and then wrote him a ticket,” Brauneis said. “That kid who went up there, who I ticketed, was not the first one to go up there.” 

[{"type":"text","marks":[{"type":"textStyle"}],"text":"Nor was he the last, Brauneis said."}]

He still visits the site frequently, and took a recent photograph of an illegal two-track.

That's despite a barricade at the bottom of the hill and a sign stating the area is closed to motorized travel.

“For some folks the barricade and closure sign simply means, ‘Let’s go around and drive on up. It's so much fun to tear up rehabilitation sites,’" Brauneis said.

He added that the recurring off-road violations on Fossil Hill encapsulate the “chronic problem” of unauthorized off-road vehicle use on public lands.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"The 50-40-10 Rule"}]

Brauneis noted that during his career Forest Service rangers and Wyoming Game and Fish wardens would go out together on “red shirt-green shirt patrols,” referencing the red shirts worn by wardens and the rangers’ green.

During one such patrol with a warden, Brauneis said they were discussing how many people are honest citizens compared to those who might try to bend or break the rules.

They came up with what he calls the “50-40-10 rule.”

Meaning, “50% of the people are law-abiding and will faithfully follow laws and regulations even when nobody’s watching," he said.

Then, there are the 40% who are “going to try get away with it, if they think they can get away with it,” he added.

The last 10% “will kill you if they think they can get away with it,” Brauneis said. “Fortunately, most of those are in prison. The bad news is, some of them might be getting out tomorrow.” 

To his estimation, the people running vehicles up Fossil Hill probably fall into the “40%” category – and don’t have truly bad intent.

“They are probably younger people who are just after the thrill,” he said.

 And in some cases, unauthorized off-roading could result from confusion over the rules on federal land, Brauneis added.

On Bureau of Land Management (BLM) tracts, the regulations for motorized use tend to be more permissive, he said. So, people accustomed to recreating there might not realize rules are stricter on Forest Service land.

As to why off-road violations might have gotten more common, Brauneis noted the availability and capability of vehicles has increased.

“I think everything escalates, gets bigger with the increased technology in vehicles,” he said. "But also, there’s the sheer number of people to consider.” 

The outdoors has become more crowded, and more people means greater odds of a relative few breaking the rules, he said.

Places that once were sparsely visited, such as the southern end of the Wind River Range, are drawing crowds, Brauneis said.

“It’s outwash from the big cities. It’s their land, and they want to recreate on it. And there’s no problem with that, but there’s just a huge amount of people out there,” he said.

He also noted that the Forest Service tried moving toward educating the public rather than having an immediate presence of rangers with ticketing authority on the ground.

Brauneis said the latter is more effective. The more rangers are on patrol, the better.

“Not in an antagonistic way, in a service way. But with the ability to take care of problems, if the need arises,” he said.

Brauneis said he’s not against roads or motorized use in general. He favors established Forest Service roads because they aid public travel and make fire mitigation and timber harvest more efficient.

And because the national forests are “America’s playground,” there should be areas where motorized users can enjoy themselves, he added.

Taylor Jones is a Sweetwater County commissioner and off-road enthusiast who advocates for motorized access.

He said he hates to see people breaking rules and tearing up places where vehicles aren’t supposed to go.

“Every group has that 10% who don’t play by the rules and give everybody else a bad name,” he said.

And those who abuse the land ruin things for all off-roaders, Jones said.

“What it can do – and we have seen it, so we know it’s true – is it can cause the motorized recreation community to lose access to public land. And, in some cases, also private land,” he said. “The motorized community has lost a tremendous amount of access to public land, and loses more on an annual basis.” 

Irresponsible people tearing up fragile landscapes are a big driver of that, he said.

However, by Jones’ estimation, there’s been a decline in illegal off-road use because motorized users know what’s at stake if they continue to let rule-breaking go unchecked.

“There’s a big push in the off-road clubs to raise awareness and be better stewards of the land,” he said. "There’s an awareness of the loss of access, and an understanding that breaking the rules causes it.” 

Off road where you shouldnt Hill 7 10 26

<title>Sinks Canyon Public Land Damaged By Illegal Off-Roaders 'May Never Recover' | Cowboy State Daily</title>

Off-roading tire ruts have marred Fossil Hill at Sinks Canyon near Lander for more than two decades, and a retired ranger says such illegal drivers tearing up public lands are a growing problem. “I just don’t think that site is going to recover," he said.

Sinks Canyon Public Land Damaged By Illegal Off-Roaders 'May Never Recover'

Headshot of Cowboy State Daily's general assignment reporter, Clair McFarland.

Clair McFarland

Crime & Courts

A Mexican national sentenced Tuesday to 180 days in jail for charging toward a Teton County Sheriff’s deputy with his box truck is trying to remain in the United States, his defense attorney said in court.

Ramon Gabriel Chavez Cruz, 46, pleaded no contest Tuesday in Teton County District Court Judge Melissa Owens’ court, to one count of aggravated assault.

He was arrested the night of June 4, 2024, after waging what court documents describe as repeated attempts to ram his truck into vehicles in the Snake River Canyon on U.S. Highway 89, between Alpine and Jackson.

The case affidavit by then-Wyoming Highway Patrol trooper Mike Merritt compiles statements by drivers and their families. Those witnesses said they maneuvered in reverse and swerved into barrow ditches to escape Chavez Cruz’s head-on chases.

“The individual in the vehicle that attempted to collide with us deliberately crossed the centerline at a high rate of speed, targeted our vehicle, and attempted to kill my family,” the affidavit relates from the account of Roy Walters, who said he’d been in the back seat of a family vehicle while his son Eamonn drove, and Roy’s wife, Kate, sat in the front passenger seat. “By the grace of God and my son’s quick reactions the collision was barely avoided.”

The prosecutor, Teton County Deputy Attorney Claire Fuller, emphasized at Chavez Cruz’s sentencing hearing that only one of Chavez Cruz’s many, alleged head-on charges happened in Teton County.

The rest happened in Lincoln County, where County Attorney Spencer Allred is waiting to prosecute Chavez Cruz “to the full extent of the law,” Allred told Cowboy State Daily on Thursday.

Chavez Cruz struck a plea agreement with the Teton County Attorney’s Office, under which he pleaded no contest to one count of aggravated assault. That’s a felony punishable by up to 10 years in prison and $10,000 in fines. Fuller agreed to drop three  misdemeanors, including DUI.

And Owens, who accepted the agreement, sentenced Chavez Cruz to a split sentence: 180 days in jail followed by three years’ probation – with the threat of a two-and-a-half to four-and-a-half-year prison sentence remaining if he fails probation.

The 222 days Chavez Cruz has already spent in jail awaiting Tuesday’s hearing eclipsed his sentence and he’s to be released from Teton County. The Lincoln County Sheriff’s Office expects to take him into custody soon, a jail deputy confirmed to Cowboy State Daily Thursday.

[{"type":"text","text":"That’s Allred’s understanding as well."}]

Chavez Cruz faces potentially much harsher consequences in Lincoln County, where Allred has filed eight counts of aggravated assault against him – one for each person he allegedly charged with his truck. Allred also filed a ninth count, misdemeanor reckless driving, which is punishable by up to six months in jail and $750 in fines.  

It’s unclear what role, if any, U.S. Immigration and Customs Enforcement (ICE) plays in this case. The agency declined to discuss Chavez Cruz’s immigration status, writing in a Friday email, “ICE cannot provide any information on this individual.”

Chavez Cruz has a special kind of immigration visa indicating he’s been a crime victim, Trefonas told the court.

“He’s a victim of some incredibly severe, traumatic physical crimes. And so were his wife and children,” said Trefonas. “That all led up to these events: working 24/7; having terror, trauma in his life – and some drug use.”

Trefonas said Chavez Cruz has accepted responsibility in the Teton County case. He’s from Oaxaca, Mexico, and “he’s in a legal process to remain in the United States lawfully, irrespective of these charges,” said Trefonas.

Chavez Cruz told Owens, “For every impacted person in my case, I feel really, really sorry for what happened. I’m willing to take every step to fix the situation – here and Lincoln County.”

While nearly all the drivers Chavez Cruz is accused of chasing with his box truck evaded uninjured, Eric Leonard did not.

Merritt responded to the canyon area at about 10:42 p.m. the night of June 4, 2024, while the two counties’ dispatchers received at least a dozen 911 calls about a violent driver, the affidavit says.

Vehicle descriptions ranged from RV to “semi-type truck” and the culprit vehicle was identified as a box truck registered to Chavez Cruz.

He’d incorporated a transport business called “Your Freight Guys” in Aurora, Colorado, two months before his arrest.

The 911 calls kept coming. Merritt “was advised the large truck had continued northbound toward Jackson after running a car off the road,” so the trooper asked Teton County Sheriff’s deputies to track the truck down while he pulled off to investigate a white BMW that sat in the ditch with its front end smashed and its air bags deployed.

Two men, Brian and Nolan Potts, were on scene. Brian was “visibly shaken up,” wrote Merritt.

Merritt found Brian’s friend Leonard in the BMW’s driver’s seat, and emergency personnel “being careful” about pulling him out because they suspected a back injury.

Leonard said the truck crossed from its northbound lane into his southbound lane to hit them.

“I swerved hard because he was coming directly at me, head-on,” Leonard recalled in a Friday interview with Cowboy State Daily. “When we went into the ditch we went airborne. I don’t know how long we were in the air, but I know we crashed down very hard, and I felt my back immediately.”

He broke his L2 vertebra, Leonard said. As of this week, he still struggles to load the dishwasher, he added.

The three friends had been hiking in Yellowstone that day and were headed back to a cabin Leonard rented in Alpine, using the BMW – which was also rented.

“Had I been on the other side of the road, I would have driven down in the Snake River,” Leonard said. “And then I’d be – probably not talking to you.”

[{"type":"text","text":"Witnesses, More Witnesses"}]

Merritt interviewed a man and woman “hanging around” and trying to help. They were Michael and Kym Arian.

When they first spotted the box truck they saw another vehicle speeding backwards away from it as it chased to ram it “front to front,” wrote Merritt from the Arians’ statements. 

That backward driver was later identified as Josh Petrey, and his passenger as Kara Petrey, the affidavit says.

The box truck halted in the middle of the road. The driver got out of the vehicle and ran toward the vehicle it had blocked onto the road, screaming, “Why are you following me!” says the document.

The driver got back into the truck and “took off,” then “made it a point to drive at the Arians in an aggressive manner, trying to ram their vehicle off the road,” Merritt recounted from the alleged victims’ statements.

Michael Arian was able to dodge. Then he followed the box truck while calling law enforcement. And that was when he and Kym saw the crashed BMW and stopped to help, reportedly.

[{"type":"text","text":"Why Are You Following Me?"}]

Another set of witnesses, Brian, Jodi and Colten Cook, wrote a later email to investigators saying they were halfway through the canyon that night “when a big cargo truck pulled sideways on the road, blocking both lanes.”

They thought the driver was attempting a turn in a “terrible place to try and turn around, because he was blocking both lanes of traffic,” the account says.

Then the man got out of the truck and ran toward them shouting “why are you following me?” and the driver of the Cooks’ car threw it into reverse to escape him, says the affidavit. The Cooks said the driver got back in his truck and tried to “run over” a car headed south toward Alpine.

The Cooks kept driving, flashing their headlights at other cars. They watched other cars swerve into the barrow pit, as the cargo truck kept “chasing us,” the account says, adding,  “This happened at least 12-15 times.”

“At one point he was chasing us and trying to run us over from behind,” the account says. “As soon as we were able to get cell coverage, we called 911.”

Josh Petrey’s email to investigators says he and Kara saw the truck parked across both lanes of the canyon and waited for it to move, but it was empty. Then the owner got into the truck, and Josh backed up to give him room.

“He then (started) trying to ram us,” the account says. “I reversed going between 20 and 30 mph. I zigzagged from one side to the other so he could not get any momentum.”

Josh Petrey assumed the driver got upset with this tactic. The driver slammed on his brakes in the middle of the road and got out of the truck, reportedly.

Josh Petrey rolled down his window to find out if the man was all right, he recalled.

“Have you had enough?!” yelled the driver, while charging the Petreys’ car on foot, says the account.

Josh Petrey sped past him and around his truck, where two other vehicles sat waiting. Josh rolled down his window and told the driver of a white truck to leave the area.

“We sped off and warned two different vehicles not to head that way, because the guy was unhinged,” wrote Josh Petrey.

He and his wife made it to Alpine, within cellphone signal range, and called 911.

Merritt’s affidavit includes an account from Marcus Loefverstrom, who recalled driving down the road with his wife and 11-month old son.

The family met multiple vehicles with their lights flashing “aggressively to warn me about something.”

The family saw a truck change lanes and head toward them; Loefverstrom tried to veer to the right into a rocky ditch, but realized that plan was no good, he wrote.

“I made a last-ditch decision to swerve into oncoming traffic to avoid him on the left,” Loefverstrom wrote. Fortunately, the lane was clear. But they narrowly missed a head-on collision with the truck, reportedly.

“My wife remembers waking up to headlights right in front of our car. A near miss,” wrote Loefverstrom.

Loefverstrom watched other cars veer off the road. The driver of a Jeep asked if the family were OK and when Loefverstrom said they were, that driver “rushed off,” he recalled.

Loefverstrom called another family member, who was still in town, to tell her not to leave town yet.

[{"type":"text","text":"The Walters family gave a similar report, wrote Merritt."}]

The box truck crossed lanes “and attempted to head-on us,” wrote Roy Walters in his statement. Roy’s son Eamonn veered onto the shoulder, but the truck “tracked us and continued to try to collide with us,” the account says.

[{"type":"text","text":"Roy’s wife Kate added that they were trying to get home to Etna."}]

[{"type":"text","text":"They saw Leonard in the crashed BMW and pulled off to help him."}]

“He was shaking and moaning,” Kate recalled. They gave him a blanket and water.

[{"type":"text","text":"Against The Guard Rail"}]

All of that happened in Lincoln County, allegedly. The case to determine whether Chavez Cruz is guilty of all those claims is ongoing. It was charged two years ago: June 26, 2024, but is now becoming active since Teton County has concluded its case against Chavez Cruz, said Allred.

Teton County Sheriff’s Deputy Caleb Johnson was still in Teton County as he responded to 911 calls about a “crazy driver,” Fuller said in court.

There the box truck crossed both lanes and charged him so that he had to “suck up to the guard rail to avoid being hit,” Merritt’s affidavit says.

Deputies converged, and stopped the box truck in Teton County. The truck driver informed them he thought he “was one of them,” the trooper wrote.

Investigators noted a Delta 8 edibles package in the truck cab, open and empty, added Merritt.

“Teton County got lucky in this case,” said Fuller at the sentencing hearing, adding, “The people in Teton County got lucky, I should say. The defendant’s actions began in Lincoln County.”

[{"type":"text","text":"Two Years Later"}]

[{"type":"text","text":"Leonard was frustrated Tuesday. "}]

He had a hot-mic moment in the virtual court hearing in which he called Chavez Cruz a “career criminal.”

He voiced disappointment afterward to Cowboy State Daily, of the sentence Chavez Cruz received.

“I was mortified,” said Leonard. “And kind of sickened, to be honest with you.”

But the case isn’t over, as Lincoln County prepares for its nine-count prosecution.

While Teton County authorities charged Chavez Cruz one day after his arrest and he promptly bonded out, Allred didn’t charge the man for another 21 days that June.

At the time it seemed to Leonard that Chavez Cruz had vanished “into the wind.” He filed a bar complaint against Allred.

That didn’t rise to the level of ethical misconduct, Allred, told Cowboy State Daily. 

But Allred didn’t know about the case while Teton County authorities were both charging and releasing Chavez Cruz, the prosecutor countered in his own Thursday interview.

“I was not even informed about this case until two weeks later. I didn’t have anything from law enforcement – they hadn’t given me anything,” said Allred, adding that without the investigation report, he couldn’t file the case.

[{"type":"text","text":"Once he received the affidavit, he said, “I immediately filed.”"}]

Allred also said the bar complaint went nowhere, since the claims against him didn’t rise to the level of ethical violations. The prosecutor will need to work with Leonard in the case ahead, Allred acknowledged.

“I don’t have anything against Mr. Leonard. He will certainly be a key witness in our case against Mr. Cruz,” he said.

Chavez Cruz posted a $15,000 bond and was released from the Teton County Detention Center soon after his June 4, 2024, arrest.

Then he committed crimes in Colorado, according to a booking document Cowboy State Daily has obtained, and statements made in court Tuesday.

Chavez Cruz told Owens he’s on probation; his attorney Elisabeth Trefonas clarified that’s due to crimes he committed in Colorado after the box truck incident.

Cowboy State Daily has placed a records request for that case disposition and charges with Colorado’s judicial branch.

When Chavez Cruz didn’t appear for a Jan. 28, 2025, hearing, Owens issued an all-states bench warrant for his arrest. Teton County collected him into custody and he appeared for court in December. By the time of his sentencing he’d spent a collective 222 days in jail. 

His case also involved evaluations to determine whether he was mentally fit to face court proceedings.

[{"type":"text","text":"For several weeks, he wasn’t, the court file indicates."}]

But Owens reversed course late this winter after another evaluation indicated Chavez Cruz had become competent. She declared him fit for court.

Trefonas said Chavez Cruz had also been found incompetent at some point in his Colorado case. 

Meanwhile, Leonard has also filed a civil lawsuit complaint against Chavez Cruz in the federal U.S. District Court for Wyoming.

[{"type":"text","text":"That case is paused to allow the prosecutions to unfold."}]

It’s unclear if ICE has a detainer or other ongoing proceedings involving Chavez Cruz.

Jackson sheriff and sign 7 10 26

<title>Mexican Trucker Accused Of Furious Canyon Rampage Trying To Stay In U.S. | Cowboy State Daily</title>

A Mexican national who faces eight felonies is attempting to stay in the country after he allegedly chased down and tried to ram travelers off the road in Snake River Canyon. He "deliberately crossed the centerline and targeted our vehicle," one victim said.

Mexican Trucker Accused Of Furious Canyon Rampage Trying To Stay In U.S.

Headshot of Cowboy State Daily's business and tourism reporter, Renée Jean

Renée Jean

Energy

A crude-oil pipeline proposed between Guernsey and Cushing, Oklahoma, is poised to strengthen Wyoming’s role as a key crossroads in North America’s oil network — even though it likely won’t move a single barrel of Wyoming crude.

The project, called the Liberty Bridge Pipeline, will connect at Guernsey with a project previously proposed by Canada’s Southbow and True Companies’ for a 650-mile cross-border pipeline that would carry an initial 550,000 barrels of Canadian crude daily from Hardisty, Alberta, to Guernsey. 

The pipeline could eventually scale to 1.3 million barrels of crude per day.

The Guernsey hub is an important oil and gas crossroads in Wyoming, sending oil to the Midwest as well as to Cushing, but much of its capacity for the Gulf Coast was already spoken for. That raised questions as to how half a million or more new barrels of Canadian crude arriving in Wyoming would get to the markets that need it.

With the announcement of the new pipeline, the mystery is solved. 

Bridger Pipeline spokesman Bill Salvin confirmed for Cowboy State Daily that Bridger and Southbow are teaming to build the pipeline and that it will connect with the previously proposed pipeline from Alberta. 

“Bridger and Southbow are going to jointly develop the Liberty Bridge Pipeline through this joint venture that’s going to be called Liberty Bridge Pipeline LLC,” Salvin said. “And essentially it’s going to be along existing pipeline corridors.”

The joint venture has already begun outreach to landowners and communities along the route, Salvin added. 

The decision to move forward with Liberty Bridge Pipeline follows a successful open season for the previously proposed pipeline segments from Hardisty to Guernsey, which was outlined in May by Southbow in an online media statement. 

Even though the proposed pipeline won’t likely carry any Wyoming crude oil, that doesn’t mean it doesn’t have significant economic impacts for Wyoming and its oil and gas industry.

Salvin didn’t have figures yet for how many construction jobs will be involved, but University of Wyoming economist Rob Godby has told Cowboy State Daily in previous interviews that such projects are likely to bring in substantial numbers of high-paying construction work, long-term pipeline jobs, and higher tax revenues for the state from oil and gas revenue. 

“Pipelines aren’t minor,” Godby has said. “They affect the local economies for a period of time.”

The Rocky Mountain Express Pipeline, built in the early 2000s, illustrates the dynamic.

“That was a really huge gas pipeline to move Wyoming natural gas to the Chicago hub and beyond,” he said. “It had huge impacts on our construction industry, because you had like, literally, man camps that were moving along the pipeline, and hundreds of welders working on different segments.”

Significant tax revenues are also associated with such projects for the state and counties along the route.

The project also has knock-on effects for the oil and gas industry, Wyoming oilman, Steve Degenfelder, who works as a land manager for Kirkwood Oil and Gas, told Cowboy State Daily. 

“Since Wyoming has always had a disadvantage because it is farthest from the main marketplaces, any additional capacity to Cushing, which in turn has access to the Gulf Coast, should help Wyoming oil producers get higher prices, which also translates into higher severance taxes to the state and ad valorem taxes to counties,” he said. “A lot of oil from Utah is even coming to Guernsey these days, because the refineries in Salt Lake City are full.”

The project also bolsters Guernsey as a hub, Denver-based oil and gas analyst Matthew Lewis told Cowboy State Daily. Lewis is founder of Plainview Energy Analytics.

“The Guernsey hub is a major hub,” Lewis told Cowboy State Daily. “It’s an important hub. It’s probably the most important hub in all of the Rocky Mountain area, and this just helps with that. Having all that storage there — it’s important to be able to batch different grades of crude. They’ll have to likely build significantly even more storage at Guernsey because of this project and that will help Guernsey.”

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"A Smarter Keystone XL"}]

The corridor from Alberta to Guernsey and then from Guernsey to Cushing does use portions of pipe laid for Keystone XL, which has had some describing the new pipeline as a revival of that project.

Energy analyst Kyle Bertamini, with energy research firm Enverus, describes the broader system as a kind of “segmented” Keystone.

“It solves a lot of the same initiatives that Keystone XL was trying to do,” he said. “But it’s doing it in a way that’s maybe less controversial and follows a lot of the rights-of-way of existing pipelines … making it a little bit easier to get some of the regulatory and necessary environmental permits.”

The new route differs from Keystone XL’s in a couple critical ways. 

First, it doesn’t go through South Dakota or Nebraska, where there was intense opposition to the pipeline from Indigenous and environmental groups. 

It also follows existing pipeline corridors, thus avoiding unfragmented agricultural land, which also became controversial for Keystone XL.

Liberty Bridge Pipeline will cut southeast out of the Guernsey hub, running through Colorado and Kansas to get to Cushing.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"With A Three-Part Build"}]

The pipeline is actually three overall segments. There’s the Alberta to Montana border segment, which is being built by Calgary-based Southbow, and there’s the Phillips County, Montana, to Guernsey portion, which Bridger Pipeline will construct. The third leg, Guernsey to Cushing, is the joint venture between Southbow and Bridger.

“That third segment is going to follow the Liberty right-of-way, which was a previously proposed pipeline project that has been canceled,” Bertamini said. “They’ll now build this third and final leg that will take the oil sands barrels down into Cushing.”

Capacity details for the Guernsey-to-Cushing segment haven’t been publicly confirmed, though its obvious purpose is to carry the crude oil from the previously announced segment, which will start with an initial capacity of 550,000 barrels of crude oil per day and can scale to up to 1.3 million.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"Challenges Have Surfaced"}]

The project already faces some wrinkles. A coalition of Montana residents and the Montana Environmental Information Center (MEIC), along with Earthjustice, have filed a legal challenge over a waiver issued to a Bridger Pipeline subsidiary that allows the company to skip certain corporate financial disclosures, as well as the state’s exhaustive environmental analysis, which includes calculated estimates of the potential size, frequency and geographic impact of pipeline leaks. 

The groups said under law Montana DEQ was strictly required to advance public notice and host a formal public hearing before granting such a waiver.

Politics, rather than environmental protests, are the project’s biggest obstacle, both Bertamini and Lewis said.

“You saw (permit revocation) two times with Obama and Biden,” Lewis said. “They can just revoke or not issue — and then the project’s essentially dead.”

That has Southbow calling for proof that a U.S. presidential permit is “durable” before it proceeds with its partial revival of the Keystone XL pipeline, company executives said during a May energy roundtable in Calgary. The company plans to decide whether to invest by mid-May 2027, but has said it won’t move forward without some assurance that its permit cannot just be revoked by a subsequent administration.

A legislative fix, which strips the executive branch of unilateral permit power, is working its way through Congress. 

The Promoting Cross-Border Energy Infrastructure Act has already passed the House but is stalled in the Senate, where it requires 60 votes to overcome filibusters. 

Still, despite that, optimism for the project is running high, Bertamini added.

“From our perspective, this has a higher chance of moving forward than Keystone XL did,” he said. “In terms of momentum, the likelihood of the pipeline getting constructed is quite high at this point.”

Guernsey pipeline 7 10 26

A new crude oil pipeline proposed between Guernsey and Oklahoma that could carry up to 1.3 million barrels of crude per day would strengthen Wyoming’s role as a key crossroads. A national analyst said Guernsey is the Rocky Mountain's "most important hub."

Daily Darwin: Friday, December 29, 2023

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