In the 1960’s, Scandinavian scientists discovered that British and German industrial plants were causing fish to die in Norwegian and Swedish lakes. Apparently, burning high-sulfur fuels caused the pH in rain to become acidic.
The acid deposits killed forests, depleted soils of important minerals that supported plant health and caused lakes to become biologically dead.
Big cities in the USA were blanketed by ugly brown smog.
Congress passed the clean air act of 1970 in response to the environmental disaster.
By a stroke or Richard Nixon’s pen, low-sulfur, low-btu coal became a valuable commodity. Demand for Wyoming’s poorer quality, high-moisture coal exploded.
Our forefathers were great thinkers who set the state up for future success.
Wyoming, anticipating changes on the horizon, passed the Open Cut Land Reclamation Act in 1969. Wyoming took the lead in open pit reclamation.
Then, in 1973, Wyoming passed the groundbreaking Wyoming Environmental Quality Act, establishing the Wyoming Department of Environmental Quality and the Land Quality Division.
These groundbreaking environmental regulations set the stage for preservation of Wyoming’s approach to facilitating mining while ensuring the land is returned, as nearly as possible, to its original condition.
After 50 years, reclamation has been an unqualified success.
Patterned after Wyoming’s act, in 1977, Jimmy Carter signed the Surface Mining Control and Reclamation Act. (SMCRA).
In 1980, the federal government gave Wyoming “primacy” to enforce regulations in the state. Wyoming has been regulating mining reclamation in the state ever since.
Why did the coal mines come to Wyoming and not Montana?
Montana had similar coal reserves. In many places in Montana, there was less overburden.
Wyoming has benefitted from becoming a coal mining powerhouse that has employed two generations of workers, built billions of dollars of infrastructure in Wyoming and billions of dollars in taxes, while Montana has a smattering of coal mines and Montanans pay a state income tax?
1970’s Wyoming policy makers recognized the future for what it was. They took the steps necessary to attract coal mines to Wyoming.
While Montana had a severance tax rate that was as high as 30% in the 1970’s, Wyoming set the rate at 4%. (That rate has since been increased to 7%.) That tax policy worked.
Wyoming listened to the coal companies and worked to create a regulatory infrastructure that would protect Wyoming resources while at the same time promoting mining in the state.
Wyoming created the legal infrastructure necessary to build roads, railroad and ease the impact to local communities.
Wyoming actually sought out the coal mines to come to the state and outcompeted our neighbors to the north to bring them to the state.
So, for two generations, large coal mining has become part of the culture of Wyoming.
Why is what happened 50 years ago important to Wyoming, now?
Are we living off past glories? Things today are not going to be the same as they were yesterday. Jobs will not be the same. Populations will not be the same. Opportunities will not be the same.
But we know the shifting demographics of the state tell a sad story. One only has to look to declining school enrollment to see that opportunities for young families are vanishing.
What should Wyoming policy makers be doing?
Our policy makers should be looking to the future to create opportunities for the next generations.
Instead of being “club no,” seeking to deny every new opportunity from coming to the state, our policy makers should be looking to create policy infrastructure that facilitates new businesses and new employment opportunities to come to our state.
Opportunities abound. Wind, solar, data centers, nuclear energy, innovative agriculture, manufacturing and tourism are all on the table.
Instead of trying to dismantle the business council, regulate every new business out of existence, and take every step necessary to turn Wyoming into a park occupied only by billionaires, our leaders need to look to the brilliant steps of our 1970’s forefathers, who worked to shape this state.
We need to look to leaders like Hathaway, Herschler, Hansen and Simpson, who worked to create a state that was both pristine but full of opportunities.
As this election approaches, we need to ask our leaders the hard questions about their visions for the future of this state and our children. If you get mealy-mouthed comments about tax reduction or defunding government, look for another candidate.
We need leaders who will look to the opportunities of the future – not politicians who seek to buy our votes with other people’s money.
Tom Lubnau served in the Wyoming Legislature from 2004 to 2015 and is a former Speaker of the House. He can be reached at: YourInputAppreciated@gmail.com





