One More For The Road

[{"type":"text","text":"Why walk across a crosswalk when you can dive head first instead?"}]

One more for 11 23 24

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

<title>One More For The Road: Saturday, November 23, 2024 | Cowboy State Daily</title>

Why walk across a crosswalk when you can dive head first instead?

One More For The Road: Saturday, November 23, 2024

 Why walk across a crosswalk when you can dive head first instead?

Kolby fedore

Kolby Fedore

Crime & Courts

Courts

Nearly three weeks after a commercial tanker 

in a construction zone west of Casper, killing two people and injuring eight others, no criminal charges have been filed as a Wyoming Highway Patrol investigation continues.

That isn't stopping a Casper attorney from pursuing the first civil lawsuit stemming from the deadly crash on behalf of a family hurt in the pileup.

The negligence lawsuit, filed Friday in Natrona County District Court, names Ryan Brothers Trucking Inc. and a John Doe defendant, identified as the tanker driver whose identity was not yet known to the plaintiffs when the complaint was filed.

The identity of the truck driver hasn’t been publicly released as the investigation is active, the Wyoming Highway Patrol has said.

Contacted by Cowboy State Daily on Wednesday, WHP spokesman Aaron Brown said the investigation has so far taken weeks because of the sheer amount of evidence investigators must review.

Unlike a typical fatal crash, this one involved a commercial tanker truck and seven other vehicles, which requires investigators to analyze electronic data from the truck and any available from all the civilian vehicles.

“It’s the scale. There’s a ton of data to be coming out of this thing,” Brown said. “We have a ton of data to sift through to try and get this thing done."

The lawsuit was filed on behalf of Makensi Van Patten and Chantry Van Patten, individually and as parents and guardians of their two minor children.

A Wyoming Highway Patrol crash summary reports that the driver of a westbound Western Star tanker truck failed to stop for traffic queued to enter a one-lane construction zone on U.S. Highway 20/26 near mile marker 58.3, striking seven stopped vehicles.

The crash killed James Faris Cox, 74, and Susan Horn Cox, 69, of Golden, Colorado, and injured eight others. The Highway Patrol listed driver inattention as a possible contributing factor.

[{"type":"text","marks":[{"type":"bold"}],"text":"Family Seeks Damages"}]

The lawsuit alleges the tanker driver negligently failed to stop for traffic backed up at the construction zone, triggering the eight-vehicle chain-reaction crash.

It further claims the Van Patten family's Toyota Highlander was struck after the commercial truck plowed into the line of stopped vehicles.

Makensi and Chantry Van Patten, along with their two children, suffered physical injuries in the collision, according to the complaint. 

It also claims the parents and one of the children witnessed another family member suffer serious bodily injury, causing emotional trauma in addition to physical injuries.

The family is seeking compensation for medical expenses, pain and suffering, emotional distress, permanent injuries, loss of enjoyment of life, lost earning capacity and other damages to be determined at trial.

[{"type":"text","marks":[{"type":"bold"}],"text":"'Get This Case Going' "}]

Attorney Dallas Laird, who represents the family along with James Fitzgerald, said the lawsuit was filed to protect his clients' legal rights.

"The lawsuit was filed to get this case going and to preserve my client's rights," Laird told Cowboy State Daily on Wednesday.

Laird said it is too early to determine the full extent of the family's damages.

"We don't know at this point because they're still in treatment, and these are kind of long-term injuries," he said.

Asked what the family hopes to accomplish through the litigation, Laird answered simply: "A settlement of the case."

He added that the complaint could change as additional evidence becomes available.

"Our theory is, at this point, we may have to amend the complaint once we get the Highway Patrol report," Laird said.

[{"type":"text","marks":[{"type":"bold"}],"text":"Fifth Amendment "}]

Among the lawsuit's allegations is that the tanker driver invoked the Fifth Amendment right with law enforcement and declined to answer questions following the crash.

[{"type":"text","text":"\"That was told to me by the Highway Patrol,\" Laird said. "}]

Since the crash, Cowboy State Daily has repeatedly asked about the investigation and the potential for criminal charges to be filed. 

Among the unanswered questions are whether the tanker driver has been cited, arrested or could face criminal charges; whether investigators can confirm the lawsuit's allegation that the driver invoked his Fifth Amendment right against self-incrimination; whether the case has been referred to prosecutors for criminal review; and when investigators expect to conclude the investigation.

The Highway Patrol did not respond except to say the investigation remains active and that it’s complicated and involved nature takes time to complete. 

Cowboy State Daily also reached out to Natrona County District Attorney Dan Itzen to ask whether the case has been submitted for criminal review or whether any charges are anticipated. He also did not respond before publication.

As of Wednesday afternoon, no criminal charges had been announced in connection with the crash.

Ryan Brothers Trucking said that it has "no comment on ongoing litigation at this time."

Double Fatal Crash Go Fund Me 7 15

<title>Family Hurt In Semi Crash That Killed 2 West Of Casper Sues Trucker, Company | Cowboy State Daily</title>

A family hurt in a crash west of Casper that killed two people when a semitruck plowed into a construction zone is suing the trucking company and the as-yet unidentified truck driver. No criminal charges have yet been filed as an investigation continues.

Family Hurt In Semi Crash That Killed 2 West Of Casper Sues Trucker, Company

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

Clair McFarland

Government & Politics

Politics

Two of the 10 Republicans vying for Wyoming’s lone U.S. House seat faced off Wednesday at a convention hall on Riverton’s airport hill, headquarters of “The Gentry.” 

The morning coffee group comprising men of a certain age has become a hot destination for political candidates of all levels 

from local sheriff candidates to governor

Former Superintendent of Public Instruction Jillian Balow and state Senate President Bo Biteman converged on the coffee meet at the same time Wednesday. 

“There are some folks in this race of good character. And there are some folks in this race of suspect character,” said Balow. “So I’m thankful to you folks for doing your homework. 

"As awkward as it is for Bo and I to be here together — this is great.” 

[{"type":"text","text":"Biteman nodded."}]

The two candidates will vie for the GOP nomination to U.S. House in Wyoming’s Aug. 18 primary election. 

 Secretary of State Chuck Gray, Teton County rancher Frank Chapman, Casper businessman Reid Rasner, philanthropist Steve Friess, 

 veterans David Giralt and Kevin Christensen, former lawmaker Keith Goodenough, and Richard Dodson. 

 fielded questions, heard frustration and shared their visions.

Group regular, biker and former elementary school puppeteer Wayne Dick voiced a sense of futility over the polarization in politics. 

“I guess that’s where my struggle is: to try to get the country working for the country instead of so split; so out in la-la land and (saying), ‘If you don’t agree with me you’re wrong,’” said Dick. 

The Gentry’s host and former Riverton Mayor Ron Warpness echoed that, and said he consumes too much news and has concerns about policymaking on both the state and federal levels, but has reached a point at which his only outlet at times is to “come here and vent.” 

As for Congress and U.S. Sen. Mitch McConnell specifically, “My God, he makes Joe Biden look like a mental giant,” lamented Warpness. 

Biteman answered that its time pragmatic delegates took back sanity from the far right and far left. 

“If you let (fringes) dictate policy, no one’s happy, everyone’s fighting and we get gridlock,” said Biteman. 

, asked the candidates multiple questions. One of those was about their stance on data centers.

Balow said the state should develop consistent framework toward the industry, exercise what she cast as rightful suspicion, and stop giving tax breaks. 

She pointed to her work on the top state executive boards, where she said her opposition to some wind farm advancements helped craft more consistent framework. 

Biteman echoed Balow on the tax break sentiment especially, saying that state law has outlived its purpose. 

As a former state representative, Gray voted twice to keep Wyoming’s sales tax exemption for large data projects in place — in 2021 and 2022 — though he’s come out altogether against data centers in his current campaign. 

He’s since told Cowboy State Daily that when he voted to keep that exemption, people didn’t expect the rapid advance of artificial intelligence now amplifying data center controversies. 

on a private lands level, landowners should have freedom to contract with data centers. He voiced opposition to the “NIMBY” (not-in-my-backyard) crowd, which he said seeks to dictate how people can use their own property. 

Biteman, who is a professional landman, pointed to his background in energy and his energy advocacy. 

He took the data center topic as a chance to criticize “the surveillance state,” and said if Congress has a role 

 data centers, it should be ensuring they’re not farming people’s information around privacy constraints, and to ensure the government isn’t using private companies to get around the Fourth Amendment. 

[{"type":"text","text":"“Get a warrant, if you want my private information,” said Biteman. "}]

He voiced opposition toward Flock and other-brand license plate reader cameras, which he cast as expansive data miners. 

Both candidates touted their energy backgrounds. Balow noted that she grew up in Gillette, one of the state’s mining strongholds. 

She and Biteman both said they want to unlock energy dominance to free the industry from its boom and bust cycle. Both voiced favor toward the nuclear industry. 

Balow said Wyoming can develop nuclear energy businesses without having to store nuclear waste.

[{"type":"text","text":"Miller asked for each candidate’s stance on the Iran war. "}]

President Donald Trump has vacillated on Iran, a conflict that has halted trade through the Strait of Hormuz and driven up gas prices for Americans but which, on the other hand, is a gesture to halt Iranian advanced weapons development and attacks on

[{"type":"text","text":"The Constitution is the answer, said Biteman. "}]

“Congress has the power to declare war. If we’re going to declare war, we need to declare war,” he said. “If not, Congress needs to take back the authority. I don’t care if it’s our guy in the White House or the other guy in the White House. Rules are rules. The Constitution matters.” 

The last war for which Congress declared the nation’s entry, World War II, was also the last war in which the U.S. “kicked maximum ass,” said Biteman. 

Here Warpness recalled the Vietnam War, saying he spent time there and “questioned what we were doing there sometimes,” but has believed that the nation is good if it does good. 

Biteman said he agrees, but would like Congress to declare what that “good” is, rather than the president. 

Balow voiced similar sentiments about the separation of powers. She said the Iran war was realistic at its start. 

“Iran is a threat to us,” she said, adding that Iran should not have a nuclear weapon, should not be sponsoring terrorism, and should not be controlling the Strait of Hormuz. 

But at this point, she said, the war “needs to end … and Congress needs to have a say in that.” 

[{"type":"text","text":"Department Of Education"}]

Both candidates said they want to get rid of the U.S. Department of Education.

Casting that vote to eliminate the agency should be the extent of Congress’ involvement in local education, said Biteman. 

Balow said the federal government should send DOE’s money to the states in a thoughtful way, rather than into the coffers of certain businesses. 

Both candidates pointed to their extensive work in this area, Balow as former schools chief for Wyoming and Biteman as a member of multiple education-related committees in the Legislature. 

Balow emphasized the value of school choice but said it shouldn’t detract from the public school system. 

Biteman, who helped pass a state stipend program for private and homeschooling programs, said the Legislature ensured the money for the program doesn’t come from the K-12 funding pot. He 

he federal government has degraded public education.

“The whole system is screwed up. It is rotten to the core it needs to be fixed,” said Biteman. 

Cowboy State Daily asked if Congress has a role in mitigating the housing shortage and if so, what form that should take. 

Balow said deregulating and more proactive legislating, like offering incentives to first-time 

, are among the solutions. She said refusing to create and raise taxes will help drive interest rates down and get the market moving. 

“Above all, (the solution is) making sure we’re curtailing this reckless spending we now have,” she said. 

“Housing is one of the issues where I think there needs to be some legislation that can really pave the way for more affordable land, more — just more of an opportunity for communities to meet their needs,” Balow added. 

Biteman, who reiterated a minimalistic approach to nearly every issue throughout the gathering, said Congress’ role in this area should be deregulation and reining in its own fiscal decisions. 

He also urged the deregulation of the timber industry on public lands, saying that would drive homebuilding and job creation both, while reducing wildfire outbreaks. 

Balow and Biteman both touted multiple use public lands approaches and strong energy advocacy. 

Riverton The Gentry IMG 6857 7 15 26

<title>U.S. House Hopefuls Biteman, Balow Grilled By Riverton's Political Old Guard | Cowboy State Daily</title>

U.S. House hopefuls Bo Biteman and Jillian Balow became the latest candidates to face a grilling Wednesday, by Riverton's political old-guard coffee group "The Gentry." Balow said the race has people of good character, and some "of suspect character."

U.S. House Hopefuls Biteman, Balow Grilled By Riverton's Political Old Guard

Employee kate meadows cropped

Kate Meadows

 issued by Cheyenne's Board of Public Utilities (BOPU), arguing the city has not provided the evidence needed to support its conclusion that the company's data center project contaminated the city's sewer reuse system.

The appeal, filed Monday by Meta corporate entity Goat Systems LLC, comes 11 days after the BOPU publicly identified Goat Systems as the industrial user responsible for introducing the bacteria Cupriavidus gilardii into the city's water reuse system.

In a statement provided to Cowboy State Daily late Tuesday, Meta claims the BOPU has not shared all of its testing data or supporting documentation with Meta, its contractor Fortis Construction or the public.

"It is important that the community has all the information about what happened," the statement says.

Meta said it is seeking review "so the facts and cause can be fully and accurately evaluated through the appropriate process."

The appeal comes more than four months after the bacteria was first detected in Cheyenne's wastewater reuse system.

[{"type":"text","text":"City Officials Respond"}]

Cheyenne Mayor Patrick Collins told Cowboy State Daily via a text message Tuesday that he was aware of the appeal. 

[{"type":"text","text":"He was not able to immediately comment further."}]

 the delay in the public being informed was because it took the BOPU, the Wyoming Department of Environmental Quality and the EPA “a number of months to understand the issue.”

“They didn’t want point fingers until they were positive (of the issue and the industrial user),” he said.

Calls and emails to the Board of Public Utilities seeking comment were not returned before publication.

Dr. Mark Rinne, the Cheyenne City Council member who serves as the council's representative on the BOPU, said he was unaware an appeal had been filed until contacted by Cowboy State Daily.

"I was surprised," Rinne said. "I'm not sure what Meta's objections are."

Rinne said he remains confident the contamination was linked to work performed by Meta's contractor.

"Maybe they named the wrong contractor, but where does the buck stop?" he said.

Rinne said he called BOPU’s director, Brad Brooks, and Brooks confirmed the BOPU had given the data to Meta “three different times.”  

“There’s probably not a lot they can divulge,” Rinne added, as a court hearing is pending.

[{"type":"text","text":"What The Appeal Says"}]

Goat Systems is asking the BOPU to reconsider its notice of significant noncompliance and has requested a contested case hearing.

Among the actions being challenged are the proposed $10,000 administrative fine and a surcharge the BOPU plans to assess to recover costs associated with removing the bacteria from the sewer system.

According to the appeal, the BOPU has not produced sampling data, laboratory analyses, chain-of-custody records or other documentation demonstrating that discharges from the Meta data center construction site caused the contamination.

The filing also argues the notice does not establish that 

 at the project's discharge point accurately represented any discharge related to Fortis Construction's fill-and-flush activities.

Additionally, the appeal contends the BOPU failed to consider "potential intervening causes" that could have introduced the bacteria into the wastewater system.

The contamination was first discovered in March, when Cupriavidus gilardii was found in wastewater that is treated and reused for irrigation in Cheyenne. 

Although the bacteria generally poses little risk to healthy people, city officials said it disrupted the biological treatment process and forced the BOPU to halt production of reclaimed irrigation water while crews disinfected the system.

The shutdown affected parks, golf courses and other users of reclaimed water during the spring irrigation season.

 that it had traced the contamination to discharge activities associated with construction of Meta's more than $800 million data center on the east side of Cheyenne. 

The board issued a Notice of Violation citing significant noncompliance, proposed a $10,000 administrative fine and said it would seek reimbursement for cleanup costs through a surcharge.

Throughout the investigation, Meta maintained that water samples collected by its contractor tested negative for the bacteria.

[{"type":"text","text":"Who Held The Permit?"}]

A central argument in the appeal is that the BOPU named the wrong entity as the industrial user.

Meta says Goat Systems should not have been identified because Fortis Construction — not Goat Systems — held the wastewater discharge permit and received temporary authorization to discharge boiler condensate and water used during fill-and-flush operations.

Fill-and-flush is a process used to clean newly installed piping by circulating water through a closed-loop cooling system to remove construction debris before the equipment is placed into service.

According to the appeal, Goat Systems "was not engaged in any activities on the site related to the discharges and could not have caused a discharge of the bacteria in question."

"This is a question of which entity held the permit, not a suggestion that any party acted improperly," Meta says. "We value our partnerships with both contractors and are simply seeking to have the record reflect the correct permit holder."

[{"type":"text","text":"Fortis Supports Appeal"}]

Fortis Construction said in a Tuesday email to Cowboy State Daily that it supports Meta's appeal.

"We remain committed to supporting a thorough, fact-based review of the matter and want to ensure this issue is addressed correctly," a company spokesperson said.

[{"type":"text","text":"Because the appeal is pending, Fortis declined further comment."}]

Meta has consistently maintained that water samples collected by Fortis during construction tested negative for Cupriavidus gilardii.

[{"type":"text","text":"'Committed To Being A Good Neighbor'"}]

Meta said the appeal should not be viewed as a retreat from its commitment to the Cheyenne community.

"We are committed to being a good neighbor in Cheyenne," the company statement says, "which includes helping care for the local watershed."

Meta noted its Cheyenne data center represents an investment of more than $800 million and supports about 100 permanent jobs.

The company also pointed to its global goal of becoming water positive by 2030, meaning it intends to restore more water than it consumes. 

Cheyenne Board of Public Utilities

<title>Meta Appeals Cheyenne Notice Of Violation Over Sewer Contamination | Cowboy State Daily</title>

Meta told Cowboy State Daily on Tuesday that it is appealing a violation notice issued by Cheyenne's Board of Public Utilities arguing the city has not provided evidence that the company's construction project contaminated the city's sewer reuse system.

Meta Appeals Cheyenne Notice Of Violation Over Sewer Contamination

Wyoming U.S. House Rep. Harriet Hageman was one of 22 Republicans to vote against making daylight saving time permanent as the House passed the Sunshine Protection Act on Tuesday.

For Wyomingites tired of changing their clocks every spring and fall, the vote was a big step toward ending the twice-yearly ritual that has been a divisive issue in the Cowboy State and across the nation.

The 308-117 vote advances the act to the Senate, which if approved would make daylight saving time permanent.

Most Americans would stop changing their clocks twice a year and instead remain on daylight saving time year-round, although states could choose to observe permanent standard time instead.

Hageman told Cowboy State Daily in a statement that her vote was made with Wyoming in mind.

"The Sunshine Protection Act robs Wyoming farmers and ranchers of precious sunlight and ensures the first hours of a student's day is in darkness,” she said. "The government isn't funded, our elections aren't secure, and Wyoming's legacy industries need help. 

"I will not vote for a time-wasting bill that puts Wyoming in the dark."

If enacted, the legislation would mean later winter sunsets but also later winter sunrises, giving people more daylight in the evening while making mornings darker.

[{"type":"text","marks":[{"type":"bold"}],"text":"Another Opportunity "}]

[{"type":"text","text":"Wyoming has been preparing for this possibility for years."}]

In 2020, the Wyoming Legislature approved a trigger law authorizing the state to adopt permanent daylight saving time if Congress first changes federal law and neighboring Mountain Time states enact similar laws.

As a result, Tuesday's House vote alone would not change anything for Wyoming.

Even if the bill ultimately becomes law, Wyoming would continue changing its clocks until the conditions outlined in state law are met.

Former state Rep. Dan Laursen, R-Powell, sponsored Wyoming's trigger law and spent years advocating for permanent daylight saving time.

When the U.S. Senate unanimously passed a similar version of the Sunshine Protection Act in 2022, Laursen

he hoped Americans had changed their clocks for the last time that November.

Instead, the proposal stalled in the House before reaching then-President Joe Biden.

[{"type":"text","text":"Now, four years later, Laursen believes Congress has another opportunity."}]

[{"type":"text","text":"\"It's fantastic news,\" he said Tuesday. \"I'm feeling hopeful.\""}]

Laursen said he hopes the Senate can "get something figured out" after unanimously approving a similar bill four years ago.

Asked what message he would send senators, Laursen said, "Let's do it," he said. "Trump wants it. I want it."

[{"type":"text","marks":[{"type":"bold"}],"text":"Long-Running Debate"}]

Supporters of the legislation argue ending the twice-yearly clock changes would eliminate an unnecessary disruption while giving Americans more usable daylight after work and school.

House Energy and Commerce Committee Chairman Brett Guthrie, R-Kentucky, said permanent daylight saving time would improve traffic safety, strengthen the economy and give people "more time to exercise outside, visit family, attend concerts and sporting events."

"It also means more sunlight at the end of the day so Americans can return safely from work and children can return safely from school," Guthrie said.

[{"type":"text","text":"Not everyone agrees."}]

The American Academy of Sleep Medicine supports ending the twice-yearly clock changes but argues that Congress should instead adopt permanent standard time, saying it better aligns with the body's natural circadian rhythms and promotes healthier sleep.

If daylight saving time became permanent, Wyoming would experience later winter sunrises and later sunsets, leaving many children and commuters traveling before sunrise while extending daylight later into the evening.

[{"type":"text","marks":[{"type":"bold"}],"text":"Senate Faces Familiar Decision"}]

The legislation now heads to the Senate, which unanimously approved a similar version of the Sunshine Protection Act in 2022 before it stalled in the House.

The U.S. House passed a bill Tuesday to make daylight saving time permanent, but Rep. Harriet Hageman was one of only 22 Republicans who voted against it, arguing it would put schoolchildren in the dark and take morning sunlight from farmers and ranchers.

One More For The Road: Saturday, November 23, 2024

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