One More For The Road

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

<title>One More For The Road: Thursday, April 25, 2024 | Cowboy State Daily</title>

One More For The Road: Thursday, April 25, 2024

 When you see something on the Internet, chances are it's easy to replicate....

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

Renée Jean

Energy

A federal judge in Montana has thrown out more than 1.5 million acres of Wyoming oil and gas leases sold under the Trump administration, a sweeping ruling that Wyoming attorneys said will force the state to return $50 million in payments and imperil $180 million in future revenue for schools and other public services. 

The ruling also affects an additional 185,000 acres of oil and gas leases in Montana and the Dakotas.

The decision, issued by Chief Judge Brian Morris out of the U.S. District Court of Montana on June 12, is sparking outrage in the oil and gas community. It’s the third time Morris, an Obama appointee, has ruled against the U.S. Department of the Interior over the protection of sage-grouse habitat.

“The environmental group found a sympathetic venue in Montana to file their case and ultimately hurt Wyoming,” oil and gas landman Steve Degenfelder told Cowboy State Daily. “I am hopeful the State of Wyoming will appeal this decision with everything they have. Other than a successful appeal, it’s my understanding we would need an act of Congress to overturn this injustice. I wonder how Montana would feel if a Wyoming judge hurt their state to this magnitude?”

Ryan McConnaughey, with the Petroleum Association of Wyoming, said it’s just the latest example of how activists are misusing the judicial system to attack industries they dislike.

“Anti-oil and natural gas activists have a sympathetic ear in Montana, which is why they continuously file cases there,” he told Cowboy State Daily. “The hard truth is that until Congress steps in to restore the original intent of laws like NEPA and the Endangered Species Act, every land management decision will be decided out of public view by the courts. It’s further proof that permitting reform is absolutely necessary if the United States wants to be a country that harvests energy and builds things again.”

Wyoming’s Bureau of Land Management office referred Cowboy State Daily for comment about the case to Montana’s office, which did not respond. 

It was not known Tuesday afternoon whether BLM will appeal the case, or what its next step will be for the leases.

The Wyoming Attorney General’s Office was also consulted, but had not responded at the time this story was posted.

[{"type":"text","marks":[{"type":"textStyle"}],"text":"Sage-Grouse Protection At Issue"}]

At the heart of the case brought by the Montana Wildlife Federation, The Wilderness Society, National Audubon Society, National Wildlife Federation and Montana Audubon is how the BLM applied its 2015 sage-grouse conservation plans in Wyoming. 

The groups argued that leasing should have been steered first to areas outside of key habitat so the bird would stay off the federal endangered species list. 

The 2015 sage-grouse plan required the agency to “prioritize” oil and gas leasing and development outside of sensitive habitat, particularly in designated priority areas.

But, in 2018, the BLM issued a new instruction memorandum that effectively told staff to disregard those prioritization requirements when offering new “fluid mineral” leases in sage-grouse country.

Wyoming has a voluntary sage-grouse protection plan, one that guides development away from those areas without any prioritization on BLM’s part, Wyoming attorneys argued.

However, the judge ruled that the prioritization error “infected everything” that followed, making it infeasible for BLM to keep the current leases in place.

BLM offered about 1.25 million acres of oil and gas leases in Wyoming in 2019 alone, roughly 785,000 acres in its February 2019 sale and more than 493,000 acres combined in the September and December 2019 sales. 

Altogether the June 12 order affects about 1.5 million acres of Wyoming leases sold between December 2017 and December 2019. December 2020 sales were excluded because the judge found that no final agency action yet exists to vacate or remand those sales. 

[{"type":"text","marks":[{"type":"textStyle"}],"text":"Wyoming Warns Of Deep Revenue Losses"}]

In court filings, Wyoming attorneys laid out what the revenue losses will mean to local and state governments providing public services. 

Federal defendants estimated that vacating Phase Three leases will require the return of more than $50 million in revenue that has already been allocated and spent. The state would also lose future severance, ad valorem, and conservation taxes on the leases, totaling at least $180 million over the life of the wells. 

Funding cuts due to losing these revenues will affect a range of public services in Wyoming, from employment, roads, IT, fire personnel, hospitals and other daily operations, Wyoming’s lawyers argued, and should prompt the court to remand without vacating the leases. 

In Campbell County, for example, oil and gas revenues help fund the senior center, homeless shelter and soup kitchen, domestic violence shelter, youth crisis and treatment home, and the Boys and Girls Club.

In Converse County, half the annual budget relies on oil and gas revenue, which helps fund senior services, the Humane Society, a youth crisis center, the Boys and Girls Clubs of Douglas and Glenrock, a domestic violence and sexual assault survivors crisis center and shelter, a mental health crisis and intervention center, and more.

[{"type":"text","marks":[{"type":"textStyle"}],"text":"State Already Protects Sage-Grouse"}]

Wyoming attorneys also argued that the state is already protecting sage-grouse habitat — so well that it was praised by the Obama administration at the time.

Since 2008, federal oil and gas leases in core sage-grouse habitat have declined 63%, Wyoming’s attorneys wrote, and reduced production in those areas by 48%. 

The state’s plan has also reshaped development, Wyoming contended. 

“From 2006 to 2012, vertically drilled well permits declined 65%, while directionally and horizontally drilled wells from outside core areas increased by 66% and 1,337%,” the attorneys wrote. “The trend continues with 95% of wells drilled in Wyoming from 2020 to 2024 being directional or horizontal, reducing sage-grouse disturbance.”

Horizontal wells disturb up to 3.5 acres, compared with 19 acres for vertical wells. 

“Thus, deferrals are not needed to guide development away from sage-grouse habitat,” the attorneys wrote. “In sum, the state’s strategy — adopted by BLM — has shifted development away from sage-grouse habitat and changed development patterns to meaningfully reduce impacts.”

Drilling in lower conflict areas is already preferred through the state’s sage-grouse mitigation plan, which protects habitat while allowing economic opportunities, they said.

[{"type":"text","marks":[{"type":"textStyle"}],"text":"Economic Harm Vs. Legal Violations"}]

The judge in the case acknowledged disruptive economic impacts caused by vacating the lease sales, but concluded that BLM’s legal violations outweighed those considerations except in cases where a lease was already producing oil and gas.

Wyoming, Jonah Energy, and Continental Resources, which intervened in the case, argued that the judge should carve out an exception for leases for wells that have already been drilled and completed.

Jonah Energy told the court it had already spent $68 million developing its leases. Continental said it had spent more than $97.6 million for nine producing wells. 

“The considerations of equity require that the court not vacate the nine already producing leases stemming from the challenged Phase Three lease sales,” Morris agreed, likening the situation to a scrambled egg that can’t be put back into its shell. “Vacatur as to the producing leases could not restore the leases to the pre-leasing condition without further disruption.”

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<title>Montana Judge Tosses 1.5M Acres Of Wyoming Oil And Gas Leases, Costs State $50M | Cowboy State Daily</title>

A federal judge in Montana has thrown out more than 1.5 million acres of Wyoming oil and gas leases sold under the Trump administration, forcing the state to return $50 million in payments. “The environmental group found a sympathetic venue in Montana,” said a Wyoming landman.

Montana Judge Tosses 1.5M Acres Of Wyoming Oil And Gas Leases, Costs State $50M

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

Clair McFarland

Crime & Courts

Courts

Wyoming’s governor is asking a court to undo the 

 under his purview, saying the board exceeded its law-given authority 

by not accepting a limit on how much property taxes can increase each year.

Gov. Mark Gordon filed a motion Tuesday for the Laramie County District Court to deem Wyoming’s 4% cap on yearly increases in residential property tax assessed values constitutional. 

 asked the court to block the actions of the State Board of Equalization.

The board had issued a report Thursday calling the 4% cap —‚ which has been 

in some form since 2024 — unconstitutional. The board warned county assessors that if the cap is included in their property tax calculations for this year, the board won’t certify those residential property tax values.

That decision came from the two board members who participated in the tax value examination last year: Chair E. Jayne Mockler and Vice-Chair Marty Hardscog.

The third board member, Karl Anderson, did not participate in that evaluation and so didn’t sign the Thursday report.

[{"type":"text","text":"Expects To Move"}]

The board hasn’t yet issued an order requiring Wyoming’s county assessors to rework their pending tax bills without the cap.

But it expects to do so in the coming weeks after working with counties, Mockler told Cowboy State Daily in a Thursday phone interview.

Also, the board has undertaken its work with counties, 

o certify residential property tax values for Campbell, Hot Springs, and Sublette counties on the basis that it believes the exemptions the counties calculated under state law are unconstitutional, says the governor's complaint.

Gordon’s Tuesday legal filing calls the board's actions “ultra vires,” or exceeding the board’s property authority. It asks the court to void the board’s actions.

The Wyoming Constitution requires the governor to “take care that the laws be faithfully executed,” the governor’s court filing says.

[{"type":"text","text":"The State Board of Equalization falls under the executive branch."}]

[{"type":"text","text":"This maneuver is unprecedented, the governor’s court challenge says."}]

“In the past twenty years, the Board has only delayed certification of values on one occasion,” says the filing. That was in 2006 when the board required one county to equalize its property valuations.

“In that time, it has never declined to certify values,” says the filing.

Besides urging the court to keep the tax board under its limited executive-branch authority, Gordon’s complaint also asserts that a clause of the Wyoming Constitution justifies the 4% tax cap.

Wyoming Constitution Article 15, Section 12, says the Legislature may by law provide for exemptions on “such other property” beyond churches, cemeteries and libraries.

The board’s Thursday report had addressed that section, but said it wasn’t enough to overcome another sections’ call for all taxation within property tax classes to be “equal and uniform.”

Wyoming Attorney General Senior Assistant James Peters signed Gordon’s Tuesday court filing.

The filing also lists as counsel Wyoming Attorney General Keith Kautz, and Deputy AG Mackenzie Williams.

[{"type":"text","text":"Counties Like This"}]

Because Gordon's filing is, in part, a request for the court to lend clarity to this issue, the Wyoming County Commissioners Association voiced approval of the action Tuesday. 

"It is important that counties, assessors and taxpayers have clear direction as they move through the annual assessment and certification process," said WCCA Executive Director Jerimiah Rieman in a statement. "The Legislature adopted the 4% cap, and counties have worked in good faith to implement that law. We support efforts to obtain timely clarification from the courts so local governments can continue administering Wyoming's property tax system with consistency and confidence."

Uncertainty in applying the cap could create significant administrative challenges for counties, including recalculating assessments, revising assessment schedules, processing appeals and updating tax notices, the statement says. It adds, "Counties also face potential increases in staffing, technology and mailing costs if significant changes occur after assessments have already been completed."

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<title>Gordon Sues His Tax Board For Blocking Property Tax Cap | Cowboy State Daily</title>

Gov. Mark Gordon on Tuesday sued his tax board for refusing to recognize a 4% limit on property tax increases. He said the board exceeded its law-given authority, and the executive branch's job is just to “take care that the laws be faithfully executed."

Gordon Sues His Tax Board For Blocking Property Tax Cap

Kolby fedore

Kolby Fedore

Outdoors

American robins are such a common sight in Wyoming that most people barely notice them.

They bounce across lawns, tug worms from flower beds and chatter from fence posts all summer long. They're so familiar that they practically become part of the landscape.

But when a rare 1-in-30,000 albino robin showed up in the yard of a Cheyenne-area couple, they noticed this bird was something special.

Heather and Eric Wiseman said that they’ve been keeping tabs on a snow-white fledgling robin with pink-red eyes since it first appeared in their yard June 6.

"Look what I found," Eric Wiseman told his wife, showing her a cellphone photo of the unusual visitor.

That also was the day of a memorial service for one of their friends, Gail.

"If I was to call the bird anything, I'd call it Gail,” Heather Wiseman said.

Coincidence or not, the robin quickly became something the couple looked forward to seeing each day.

"It got me a little down when I didn't see him for a day,” she said. "Then last night, he came back.

[{"type":"text","marks":[{"type":"bold"}],"text":"Backyard Haven"}]

By day, Heather Wiseman works as an X-ray technician. By evening, she's become something of an amateur birdwatcher.

"I just have a pair of mini binoculars," she said. "I'm not a real birder, but I might join the Audubon Society after this experience."

The couple's property has become something of a sanctuary for small wildlife. They keep fresh water available, maintain two bird baths, and have a bird feeder that attracts a steady stream of visitors.

[{"type":"text","text":"\"Nothing special, but they love it,\" Wiseman said."}]

The albino robin seems particularly fond of several towering blue spruce trees she planted about 30 years ago.

The trees provide shade and shelter, and the young bird often disappears among the branches before reappearing on the lawn.

The unusual robin isn't the only surprise visitor the couple has hosted recently. A few weeks ago they spotted a Western tanager. Then came a red-headed woodpecker.

"Three birds in less than three months that we haven't seen before," Wiseman said. "We live in the county, and it's a haven for birds."

[{"type":"text","marks":[{"type":"bold"}],"text":"Following Mom"}]

The white robin's appearance caught the attention of Zach Hutchinson, community science coordinator for Audubon Rockies.

After reviewing photographs of the Wiseman’s bird, Hutchinson confirmed the bird is a fledgling American robin and that it appears to be a rare albino.

[{"type":"text","text":"\"It's following its mother around and begging for food,\" he said."}]

[{"type":"text","text":"Several of Wiseman's photographs capture exactly that."}]

In one image, the young bird stands with its mouth open while an adult robin delivers food. In another, the pair forage together in the grass.

Despite its unusual appearance, the fledgling appears to be behaving like any other young robin.

[{"type":"text","text":"To its mother, there doesn't seem to be anything unusual about it at all."}]

[{"type":"text","marks":[{"type":"bold"}],"text":"Rare, But Vulnerable"}]

[{"type":"text","text":"What makes the bird remarkable is its coloration."}]

The robin's white feathers and pink-red eyes are consistent with albinism, a genetic condition that prevents the body from producing melanin, the pigment responsible for color in feathers, skin and eyes.

The red eye visible in Wiseman's close-up photographs is one of the strongest indicators of true albinism, said Hutchinson.

While the condition creates a striking appearance, it can also create challenges.

"These animals are easily found by predators, and the albinism can have other effects on their physical health," Hutchinson added. 

[{"type":"text","text":"Birds rely on melanin for more than color."}]

"For instance, in birds, the lack of pigmentation of feathers leads to extreme feather wear and weakened feathers," he said.

That means albino birds often stand out in ways that can make survival more difficult.

Against the dark green branches of a blue spruce tree, the Wisemans' robin seems to glow. Perched on a fence post against a Wyoming-blue sky, it's almost impossible to miss.

[{"type":"text","marks":[{"type":"bold"}],"text":"Rooting For Gail"}]

Researchers have long noted that albino robins seem to appear disproportionately often among reports of albino birds, likely because robins live so closely alongside people.

Most unusual birds can disappear unnoticed into forests or grasslands. Robins, meanwhile, spend much of their lives in backyards, parks and neighborhoods where people are more likely to spot them.

For now, the Wisemans aren’t focused on scientific theories. Heather said she's​ simply enjoying the chance to watch an extraordinary bird grow up.

[{"type":"text","text":"The robin has become something of a celebrity among family and friends."}]

"I had some family over last night and I got to show them the bird," she said. "It was nice to share."

The photographs that sparked interest online weren't taken with expensive camera equipment or professional lenses.

"I just have a cellphone," Wiseman said. "I don't have a Canon or anything."

Yet those snapshots captured something many birdwatchers never see — a one in 30,000 albino robin. 

Albine Robin 1000011575 6 16 26

<title>Rare 1-In-30,000 Albino Robin Hangs Out In Yard Of Cheyenne-Area Couple | Cowboy State Daily</title>

With its stark white feathers and red eyes, what Audubon Rockies says looks like a rare 1-in-30,000 albino robin has been hanging out in the yard of a Cheyenne-area couple. "It's following its mother around and begging for food,” said the homeowner.

Rare 1-In-30,000 Albino Robin Hangs Out In Yard Of Cheyenne-Area Couple

In response to a Cheyenne-based attorney’s claims that the Wyoming attorney general must appoint special prosecutors to decide whether Secretary of State Chuck Gray violated any laws, the AG countered Tuesday that he has already appointed two special prosecutors, and neither wanted to charge Gray with a crime.

Upon a request by President Donald Trump’s administration, Gray sent sensitive voter data to the federal U.S. Department of Justice last year, public records show.

George Powers, a semi-retired attorney based in Cheyenne, who won a past public records case, started filing requests to learn about Gray’s actions.

 complaint with the AG’s office accusing Gray of violating a state election law that makes data like the kind Gray reportedly released – voters’ partial Social Security numbers or driver’s license numbers – confidential.

Wyoming also has an umbrella statute that allows prosecutors to charge election officials who violate election law with a felony, if merited.

But Gray told the public that the AG’s office approved the release of voter data to the federal government.

So Powers, in his complaint, urged Attorney General Keith Kautz to offload the investigation onto a special prosecutor, because the AG’s office reportedly counseled Gray in this controversy. Powers suggested having a judge appoint the special prosecutor.

Kautz answered in a May 4 letter that Powers’ complaint would be handled in accordance with the AG’s office rules and state professional conduct rules for attorneys.

[{"type":"text","text":"Four weeks passed."}]

Powers filed a petition June 2 with the Wyoming Supreme Court, accusing Kautz of neglecting a clear duty and asking the court to appoint a special prosecutor to investigate Gray.

Kautz parried with a Tuesday filing, which says Powers doesn’t have standing to wage that battle, and it’s irrelevant anyway, 

 the AG’s office has arranged two different, independent evaluations. And neither special prosecutor wanted to charge Gray with a crime, says the filing.

“One of those independent evaluations was conducted by a division of the Attorney General’s office – separate from the civil division – by the construction of a ‘Chinese wall',” says the AG’s Tuesday answer. “The other independent evaluation was conducted by a private Wyoming law firm in conjunction with a Wyoming county and prosecuting attorney.”

A Chinese wall is an informational barrier with an entity designed to prevent ethical conflicts.

The independent attorneys submitted reports – one before Powers asked the high court to intervene and one after – and “each independent counsel declined to bring criminal charges,” says the AG’s response.

“Mr. Powers filed his petition in this matter before the Attorney General could announce that no prosecution would be forthcoming,” says the filing.

As to the AG’s reticence toward Powers, the filing says the person reporting a crime doesn’t have a right to hear the prosecutor’s decision on it, and that Powers hasn’t shown he’s a “victim” of a crime to enjoy some rights under the state Victims’ Bill of Rights.

The AG’s filing emphasizes that Kautz didn’t involve Powers in the investigation, “but told him that investigations and charging decisions were not conducted in the public square.”

n Wyoming, prosecutors generally do not discuss their thinking publicly while they’re deciding whether to charge a crime. Often, especially in matters of high public interest, a prosecutor who decides not to charge a crime will issue a decision letter on why he made that choice.

Kautz’s office defended the reticence he displayed while the special prosecutors’ investigations were reportedly ongoing as standard practice, pointing to DOJ guidelines for keeping ongoing investigations quiet to avoid infringing the rights of the accused.

“Mr. Powers assumes the Attorney General’s lack of comment means that he is doing nothing, at best, and violating the Rules of Professional Responsibility, at worst,” says the AG’s filing. “Mr. Powers invites this Court to make the same assumptions, what is sometimes referred to as an appeal to ignorance.”

Prosecutors are required to address complaints in a “timely” manner, the AG’s filing acknowledges. But there’s no concrete deadline associated with that adjective, it adds.

As to announcing his decision to the public at the end of an investigation, the AG’s filing calls that a discretionary decision, not a requirement.

“It is obvious that Mr. Powers wants to be informed of how the Attorney General has addressed his complaint, (yet) a prosecutor has no duty to communicate with a complainant,” the filing says. “Instead, a prosecutor has discretion in deciding on whether to communicate about an investigation with the complainant or the public.”

That decision hinges on ethical considerations, such as if talking about a case publicly or with the person who reported it would botch some “eventual prosecution, should the prosecutor decide to proceed.”

[{"type":"text","marks":[{"type":"textStyle"}],"text":"Team Powers Says "}]

Powers’ attorneys Ryan Semerad and Rob Shively issued a Tuesday statement saying that with his filing the AG “admitted for the first time that the complaint against Secretary of State Chuck Gray was reviewed in secret and that no charges will be brought against the Secretary for disclosing every Wyoming voter’s confidential information in response to a federal demand eight federal courts have found unlawful.”

“The Attorney General’s own filing proves our point,” says the statement. “He admits one review was done inside his own office — the office that represented Secretary Gray and claimed privilege on his behalf — behind what he himself calls a ‘Chinese wall.’ The other was done by lawyers he picked and deputized.”

The lawyers’ statement says, “That is not independence. The office that advised Secretary Gray has now cleared Secretary Gray. No one may judge his own cause.”

The lawyers demand that the special evaluators’ names and reports be made public. 

They contend the case is not moot, and question why Kautz did not air the special prosecutors’ work. 

“He cannot keep a citizen in the dark, force him to sue, and then call the lawsuit unnecessary,” the statement says. “Justice requires a truly independent review — by someone the Attorney General did not choose.” 

The statement concludes: “Elected officials are not above the law, and they deserve no special treatment when they are accused of misusing the power the people gave them.”

In a Tuesday text message, Gray said Powers' claims and filings have been "nothing more than lawfare and weaponization of the legal system by leftists and the insider media."

Gray claimed the media have ignored the states that have complied with the DOJ's request. 

Multiple courts have ruled that the DOJ's requests for sensitive voter data unsupported by federal law. 

"Powers (sic) false claims are an effort to undermine our work on election integrity," wrote Gray. "I have and will continue to stand for the truth, and I will continue to comply with the law and advance election integrity and voter list maintenance, which is pivotal to our elections." 

This story has been updated to include a post-publication comment by George Powers’ attorneys. 

Kautz gray 6 16 26

<title>AG Says Prosecutors Declined To Charge Chuck Gray With A Crime   | Cowboy State Daily</title>

Wyoming's attorney general on Tuesday said he appointed two prosecutors to investigate whether Secretary of State Chuck Gray violated any laws by releasing sensitive voter data to the federal government, but neither decided to charge Gray with a crime.

AG Says Prosecutors Declined To Charge Chuck Gray With A Crime  

Government & Politics

Politics

Wyoming’s coal sector is startled at Republican political candidates who oppose the data center buildout.

Data centers are large warehouses full of servers that power parts of the internet and, increasingly, artificial intelligence (AI). Wyoming has between 20 and 30 operational data centers.

President Donald Trump has touted the sector’s expansion as part of a 

, and part of beating China in a technology advancement race.

Many Wyoming Republicans oppose data center construction due to the various unknowns associated with them, or doubts about the veracity of the companies’ promises, regarding water usage, pollution, noise, and the irreversible alteration of agricultural lands and vistas.

“It’s kind of frustrating from the coal side of things,” Travis Deti, executive director of the Wyoming Mining Association, told Cowboy State Daily on Monday. “The coal comeback right now is being – you know it’s being driven largely by the data center buildout nationally and the projected demand for energy.”

Yet, Deti added, “when you have politicians running around Wyoming, it’s easy for them to say, ‘We support coal, we support coal,’ but out of the other side of their mouths they want to stop the data centers.”

Deti attributed the anti-data center fad to a “wave of populism” by which politicians follow passing movements rather than concrete principles.

Wyoming's public revenues have depended significantly on coal mining over the years, even as the sector has suffered under pendulum politics from Washington, D.C. 

Coal production in Wyoming peaked in 2008, when the Powder River Basin produced nearly 450 million tons, and has trended unsteadily downward since. 

Wyoming surface coal production has fallen by 59.1% over the past 16 years. Thermal coal, which Wyoming produces, has seen lower demand in recent years.

That’s from coal-fired power plants either retiring or lowering their demand nationally as the market has shifted to both natural gas and renewable energy.

Calendar year 2024 marked the first time Wyoming coal production had fallen below 200 million tons since 1992.

The industry saw it as a dark year, as President Joe Biden’s U.S. Bureau of Land Management issued a 

Coal in 2025 yielded $134 million in severance taxes for Wyoming – the lowest since 2003.

That’s 19.5% of Wyoming’s severance tax haul, with oil generating 54.9% and natural gas yielding 21.9%.

Wyoming’s coal sector is startled at Republican candidates who oppose data centers. Industry leaders say the revival of coal is driven by demand for energy from data centers.  "It's frustrating," said Travis Deti, of the Wyoming Mining Association.

One More For The Road: Thursday, April 25, 2024

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