energy

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By Ellen Fike, Cowboy State Daily

The federal government on Thursday approved plans by an Oregon-based company to build a 416-mile transmission line that would carry energy from wind farms across Wyoming and other Western states to a power grid in Utah.

PacifiCorp was notified this week that it could proceed with construction on its Gateway South transmission line, which will stretch from Medicine Bow to Mona, Utah, and will cross northwestern Colorado

Company spokeswoman Tiffany Erickson told Cowboy State Daily on Friday that 142 miles of the 416 mile line will be located in Wyoming.

“We started on this Energy Gateway project back in May 2007,” Erickson said. “We’ve had a number of setbacks, including the recession, the pandemic and other things in between. But now, this nod from the (U.S.) Bureau of Land Management was the last thing we needed to move forward, at least on this portion.”

Construction on the Gateway South line will begin June. The line is expected to produce around 2,000 megawatts of renewable energy. The Gateway South is just part of the larger Energy Gateway project.

The goal of the Energy Gateway project is to add approximately 2,000 miles of new transmission lines across the West and will ultimately cost around $2.2 billion. Three major segments of Energy Gateway are complete and in service, but more work continues to be done.

In August, construction will begin on Gateway West, another transmission line project that will also have a portion in Wyoming, 75 miles to be exact, according to Erickson. Gateway West will stretch from eastern Wyoming all the way to the Idaho/Oregon border.

Both Gateway South and Gateway West are expected to be completed by the end of 2024.

“Wyoming has some of the best wind in the country and that’s why Rocky Mountain Power has built wind farms in certain areas of the state,” Erickson said. “Wyoming has, for generations, played a major role in the nation’s energy future, so we’re happy to work with state and local leaders on this project.

“We want to take advantages of the energy opportunities in the state and ensure that Wyoming remains the nation’s leading energy producer and exporter,” she continued.

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By Ellen Fike, Cowboy State Daily

Gov. Mark Gordon on Friday welcomed President Joe Biden’s change in policy that would again allow the sale of oil and gas leases.

However, Gordon questioned the impact of the Biden administration’s decision to sharply reduce the number of acres available for lease while increasing royalty rates.

Only 144,000 acres will be made available by the Interior Department for oil and gas drilling — an 80% reduction of land that had been under evaluation for leasing. The royalty rate will be increased by 50% — from 12.5% to 18.75%.

“The announcement of an upcoming federal oil and gas lease sale is welcome news, but long overdue,” Gordon said Friday. “While we don’t know the exact number and location of the Wyoming parcels, after 15 months without a lease sale in our state, to learn that royalty rates will be increased and available acreage significantly reduced is hardly cause for unbridled celebration.”

“I am concerned that these changes will have a chilling effect on Wyoming companies as they prepare their bids,” he said.

On Monday, the U.S. Bureau of Land Management will issue final environmental assessments and sale notices for upcoming oil and gas lease sales that reflect the new approach the federal government has taken in making federal properties available for lease.

Anger

Climate activists, predictably, were angered by Biden’s decision calling it a “betrayal.”

“This is pure climate denial,” Jeremy Nichols, climate and energy program director for WildEarth Guardians, said in a statement. “While the Biden administration talks a good talk on climate action, the reality is, they’re in bed with the oil and gas industry.”

Biden put a halt to oil and gas leasing almost immediately after taking office in 2021.

Skeptical

Despite the move, consumers aren’t likely to notice anything meaningful at the pump as once a lease has been granted, it can take years for any oil to be realized that could be added to supply.

The Independent Petroleum Association of America was skeptical of the announcement.

“This administration has begged for more oil from foreign nations, blames American energy producers for price gouging and sitting on leases,” C. Jeffrey Eshelman, the COO of the organization told the Wall Street Journal. “Now, on a late holiday announcement, under pressure, it announces a lease sale with major royalty increases that will add uncertainty to drilling plans for years.”

Spin

Meanwhile, the Department of Interior attempted to minimize what many are calling a “political announcement.”

“How we manage our public lands and waters says everything about what we value as a nation,” U.S. Interior Department Secretary Deb Haaland said Friday. “For too long, the federal oil and gas leasing programs have prioritized the wants of extractive industries above local communities, the natural environment, the impact on our air and water, the needs of Tribal Nations, and, moreover, other uses of our shared public lands.”

“Today, we begin to reset how and what we consider to be the highest and best use of Americans’ resources for the benefit of all current and future generations,” she said.

Embarrassing

A report released by the Biden administration last November about oil and gas leasing was called “embarrassing” by both Gordon and the Petroleum Association of Wyoming.

The BLM assessed potentially available and eligible acreage in Alabama, Colorado, Montana, Nevada, New Mexico, North Dakota, Oklahoma, Utah and Wyoming. It began analyzing 646 parcels on roughly 733,000 acres that had been previously nominated for leasing by energy companies.

As a result of the environmental review, engagement with tribes and communities and prioritizing the American people’s interests in public lands, the final sale notices will offer approximately 173 parcels on roughly 144,000 acres, an 80% reduction from the acreage originally nominated.

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By Ike Fredregill, Cowboy State Daily

Rising oil prices could be a boon for Wyoming’s economy in the short-term, but if sustained, they could push consumers away from fossil fuel usage quicker than previously predicted, according to economists. 

“We might be making hay while the sun is shining, but unintentionally, we might also be shortening the summer,” said Rob Godby, a University of Wyoming Economics Department associate professor. “The longer we benefit from high oil and gas prices, the more likely the structural decline of oil reliance will come even sooner.” 

As a result of the war in Ukraine, the price of oil, measured by the barrel, has risen steadily since the end of February. As of Thursday, West Texas Intermediate (WTI) – the benchmark crude oil for North America – priced a barrel at about $102, according to www.oilprice.com. 

Although WTI barrel prices are down from a high of about $124 early in March, the current prices are significantly higher than those seeen at the beginning of 2022, when WTI priced a barrel at about $80. Prior to the pandemic, WTI’s price per barrel was about $60.

“These are surprise revenues for the state, which is good news,” Godby said. “But the question is how long can they last? And will local producers respond with increased production?” 

Biding time

Prior to 2020, about 30 oil rigs were operating in Wyoming, said Wenlin Liu, a chief economist for the Wyoming Department of Administration and Information.

At the beginning of 2022, only about 15 rigs were in operation, and Liu said those numbers haven’t increased despite rising oil prices, showing uncertainty in how long the price hikes will last. 

“Before the pandemic, every time oil prices increased, U.S. producers responded quickly,” Liu said. “Now, they are responding slowly. They’re not sure how long this higher price is viable.”

Oil prices skyrocketed as a result of sanctions on Russian oil producers, who supplied most of Western Europe. While the U.S. has oil to meet European and American demands, it’s not the only player on the field. 

The Middle East-based Organization of the Petroleum Exporting Countries (OPEC) could bring more oil to the European market, filling the gap left by the absence of Russian oil and significantly lowering prices, Godby said. 

“Oil companies have been very reticent to increase their production,” he said. “They’ve been careful not to flood the market.”

In 2020, a lack of oil demand and oversupply on the global market sent barrel prices plummeting to about negative $37 per barrel WTI.

“Firms have been patient this time around,” Godby said. “Even if they wanted to expand production right now, high transportation costs and material shortages could be prohibitive. Those supply chain issues are real.” 

Another factor in the oil producers’ decision-making process is the fact that most of Wyoming’s available oil exists under federal lands. As the nations of the world scramble to address climate change, Liu said oil producers have to weigh the risks of setting up on land that could soon be subject to shifting environmental policies at the federal level.

Finding Workers

Building rigs is one challenge, manning them is another, Liu explained. 

During the pandemic, Americans left the labor market by the tens of millions, many of them never to return. Those workers were largely “Baby Boomers” who were close to retiring or working beyond the average retirement age, the Bureau of Labor Statistics reported. 

“Across the nation, labor force participation is swinging back,” Liu said. “But Wyoming has a higher proportion of Baby Boomers, many of whom were drawn to the state by the mid-80s oil boom.”

Labor force participation rates refer to the percentage of the country’s civilian, non-institutional population ages 16 and older who are actively working or looking for work. 

The U.S. experienced a significant drop in participation rates during the pandemic, and although numbers nationally have not quite returned to pre-pandemic levels, national labor force participation is rebounding at a much quicker rate than Wyoming – leaving even fewer potential workers for oil companies to man new rigs. 

Declining birth rates and increasing retirements also mean fewer workers available in the future, Liu said. 

In addition, in the five years leading up to 2020, droves of younger workers fled the state for the economic stability of metropolitan areas, Liu said.

“States are now in competition for their labor force,” Liu said.  

Wyoming’s trend of declining population reversed itself in 2020 and the number of state residents has slowly increased as people flee high-density metropolitan areas, but Liu said the population increase isn’t likely enough to significantly offset the downward trend of Wyoming’s labor force participation.  

Hurting Consumers

Wyoming collects taxes on oil based on the first time it is sold after extraction, Godby said. 

As a result, based on the price per barrel at the time of the transaction, March tax revenues will be higher than anticipated, he said. 

“This is a windfall to the state in terms of revenues,” Godby added. “The longer the prices stay higher, the more the benefits stack for the state. But we don’t expect this boom in fossil fuel usage to last forever.”

In addition, what’s good for oil producers isn’t always good for consumers. 

Soaring gas prices could make people less likely to travel. Higher transportation costs also directly affect the price of goods and services. 

With inflation at nearly 8% – the biggest spike since 1982 – the boon of additional tax revenue could be overshadowed by the impact on Wyoming’s lowest-earning residents.    

“The average consumer is really being hurt by this,” Godby said. 

Many economists are skeptical these prices will hold out for long, Liu said.

But even if prices hold strong, the sun is setting on the fossil fuel age.  

“As for the long term, many countries are working to lower their demand for fossil fuels,” Liu said. “It’s only a matter of time before oil is no longer a reliable revenue stream for Wyoming.” 

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By Clair McFarland, Cowboy State Daily

Oil and natural gas production in Wyoming is supported by an overwhelming majority of state residents questioned in a statewide survey, including 68% of Democrats polled.

The biennial poll conducted in February, commissioned by the Petroleum Association of Wyoming, was designed to analyze oil and gas exploration attitudes among state residents.  

PAW reported that of the 500 residents contacted in a random telephone survey conducted prior the Russian invasion of Ukraine, 88% approved of oil and natural gas production in Wyoming.  

Of the Democrats surveyed, 68% said they approved of oil and gas production. In addition, 54% of the Democrats said they believe drilling efforts are compatible with nature recreation and preservation endeavors.  

Of the voters identifying themselves as independent, 74% backed oil and gas production in the state, while 95% of Republicans polled voiced approval.  

Restrictions 

But viewpoints on current federal restrictions on the industry varied widely across party lines, according to the survey, which had a margin of error of plus or minus 4.5%.

Only 16% of Democrats questioned said there were too many regulations on oil and gas production. Another 38% said there were too few regulations and 39% stated the regulations were about right.  

Among Republicans, conversely, 61% said restrictions on production were excessive, compared with just 5% complaining of too few, and 29% stating the restrictions are about right as they are.  

In total, 51% of Wyoming voters from all party affiliations said restrictions on production were excessive, which PAW stated was a 19% increase from 2020.  

Under the Biden Administration, new oil and gas leasing on federal lands has effectively halted and thousands of permitting requests are backlogged.  

Economic Support 

A majority of those questioned, 86%, agreed with the statement that oil and gas drilling supports the local economy, the survey said.

“The belief that local economies receive a great deal of benefit saw strong support across demographics including a plurality of registered Democrats and self-identifying liberal voters,” read’s PAW’s survey analysis. 

“Seventy-four percent (74%) of voters agree that increasing the use of natural gas is the best way to reduce carbon emissions and fight climate change without disruptions to everyday life,” the survey said, “while more than two-thirds of voters (68%) are unwilling to pay more for energy to curb climate change.”  

Party Makeup 

Respondents to the poll, wrote PAW, were “a representative cross-section of likely voters in Wyoming” including 52% women, 48% men; 70% Republican, 16% Democrat, and 11% Independent/Other.  

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By Ellen Fike, Cowboy Statev Daily

The company installing a nuclear power plant in Kemmerer will not be using Russian uranium, company officials told Cowboy State Daily on Friday.

Earlier this month, officials said they initially would be using uranium imported from Russia, although this was not an ideal situation for them.

This is not the case any longer, TerraPower director of external affairs Jeff Navin told Cowboy State Daily on Friday.

“We will not be using Russian uranium in the Natrium reactor in Wyoming,” Navin said. “TerraPower is actively investing in the domestic supply chain for its fuel and working with elected leaders to develop more support for American enrichment. This work is having a positive effect in Congress and we will continue to work on this urgent issue.”

Earlier this month, Navin said that the company was in a problematic situation, as the only facility that can produce commercial quantities of high-assay, low-enriched uranium (HALEU) is owned and operated by Tenex and Russia.

“Recognizing this gap in the supply chain, last year, TerraPower allocated funds within the Advanced Reactor Demonstration Program proposal … to help create an American competitor to Tenex, and we are working with Congress and the Department of Energy to expedite the development of domestic enrichment capability,” Navin said.

“This investment has helped support the only facility in the United States currently licensed to produce HALEU, although they do not yet have the capability to produce HALEU at commercial levels,” he said.

The Natrium power plant will use fuel rods manufactured with HALEU metallic fluid. This uranium will allow the reactor to operate more efficiently and reduces the volume of waste produced.

This week, Wyoming’s delegation spoke out against the United States’ reliance on Russian energy, including uranium.

U.S. Rep. Liz Cheney told Wyoming reporters on Wednesday that she was working on legislation that would ban the import of Russian uranium.

According to the Wyoming Mining Association, Wyoming has around 450 million pounds of uranium in reserves, although the resource varies in price. About one pound of uranium can produce the same amount of power as 20,000 pounds of coal.

The Natrium power plant, a “next generation” nuclear plant, is expected to generate 345 megawatts of power.

According to project estimates, approximately 2,000 workers will be needed for plant construction at the project’s peak. Once the plant is operational, approximately 250 people will support day-to-day activities, including plant security.

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By Wendy Corr, Cowboy State Daily

Wyoming came dangerously close to a power grid failure issue during February’s cold snap, according to one of the state’s leading energy experts.

State Sen. Cale Case, R-Lander, a consultant for the energy industry, told Cowboy State Daily that the state’s energy grid almost reached its maximum capacity during the weather event that caused power supplies in Texas to fail last winter.

“On the 12th of February, it was part of the same phenomenon, the peak load got to more than 97% of available capacity, and the reserve margins were razor thin,” Case said. “And if there would have been any kind of problem — a gas delivery problem, a failure of a generating unit, a transmission failure — we would have been closer to the Texas situation than we know.”

The cold snap in Texas resulted in the death of 210 people due to power outages and exposure to sometimes sub-zero temperatures.

While Case said Wyoming’s energy transmission systems are better prepared to withstand extreme cold temperatures than those in Texas, the energy supply during winter weather has limited capacity.

And when polar vortex or heat dome weather patterns cover areas of more than 1,000 miles or more, as were seen this past year, the sheer volume of power being requested by consumers taxes the existing power grids.“

It’s not like we can import electricity from Colorado, because everybody has the same phenomenon,” Case said.

Case’s doctorate in natural resources and public utility economics has served him well in his elected position. Case often speaks out on legislative issues concerning the future of the energy industry in Wyoming. 

From his perspective, the push for renewable energy sources often ignores the need for what Case called “dispatchable” energy that can generate more reliable power.

“You’ve got rooftop solar on people’s homes and solar energy and wind energy, but it’s not really dispatchable — it’s weather dependent,” Case said. “So we have to have something that we could turn on, and ramp up when that energy is not available.”

Case pointed out that some renewable energy sources rely on natural gas as backup, because natural gas is a reliable, dispatchable, source of power.

“Renewables don’t work all the time,” he said. “So we’ve increased our reliance on natural gas. And in these very cold long-term events, we’re having delivery problems for gas, because there’s huge demand for domestic heating. And then the electric system can run short… and then it can get circular, because sometimes you need electricity to help make gas move. So it’s a real serious situation.”

Case noted that while the renewable energy sources such as solar and wind are cheap, proponents of renewables often fail to take into account the costs to keep the power grid online.

“We are on thin ice with respect to try and to push more renewable energy into the grid without figuring out how to make the grid work better,” he said, “or without having, at the same time, electricity that can be brought up when there’s no sun, and there’s no wind — and plenty of it.”

Case noted that coal is one of the best forms of dispatchable energy, but the carbon emissions from coal-fired plants are considered by some to be a contributor to climate change.

“Up by Casper, where the Glenrock plant is, you can see that the plant is running hard out on cold winter days,” he said. “Even though the whole country is trying to get away from coal, those are still valuable assets. “They may be so valuable that we might want to slow down their retirements – but almost every coal plant in the country is scheduled to be retired, and those are plants that burn Wyoming coal, by and large,” he continued. “The trouble is, we haven’t really thought what the gap is going to be.”

Case listed other forms of renewable energy that are being studied for use in Wyoming, from hydroelectric to geothermal to nuclear.

“There’s a proposal in Wyoming for a nuclear power plant, from a company called Terra Power,” he explained. “Rita Meyer, who used to be the state treasurer, is helping that company. It’s a serious consideration, partly because of the proponents behind it — Bill Gates, and Warren Buffett, two of the richest people in the United States.”

But in the meantime, Wyoming residents should be prepared to go without power for long periods of time, as extreme weather incidents are becoming more frequent.

“You know, in Wyoming, we get power failures, usually because we have a winter storm that drops branches on power lines, right? Well, that’s not what we’re talking about,” he said. “This would be much more wide scale than that. A polar vortex event can be 12 to 13 days. So I really think it’s always good idea for homeowners to be prepared. “They should have a kit with warm clothes available an alternative heat source if you can; emergency lighting, emergency food,” he continued. “I’m not trying to be an alarmist, but what happened last February, when it happened in Texas — we came closer than we care to mess with.” 

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By Ryan Lewallen, County 17

Arch Resources closed out its most recent quarter with $89.1 million in net income with thermal coal segments showing a significant improvement over the previous quarter, the company announced Tuesday.

During the third quarter of 2021 (3Q2021), gross margins for Arch’s Legacy Thermal assets came in at $58 million, an increase of more than 40 percent over the previous quarter that will allow the coal giant to advance its long-term reclamation and retirement plans for operations in the Powder River Basin, according to an Oct. 26 quarterly earnings report.

“We continue to maintain tight capital discipline in our legacy thermal segment and to work to reduce our long-term closure obligations in a systemic and measured way,” said Arch CEO and President Paul Lang in a statement. “While we do that, we are simultaneously continuing to move aggressively to capture the still-significant value of these high-quality assets in an increasingly tight market environment.”

Sales volumes this past quarter across Arch’s thermal coal segments showed a 25 percent increase over the same period last year with the company effectively selling out its thermal mines for 2022 at “record-high pricing levels,” per the report.

Over the last three months, Arch’s thermal assets committed 66.5 million tons of coal priced at $14.03 per ton, according to the report.

As of Oct. 26, Arch remains committed to transitioning away from thermal coal towards steel and metallurgical markets, according to the report, and has reduced its asset retirement obligation in the Powder River Basin by $19.3 million since the end of 2020.

Coal Creek Mine is still slated for closure in 2022 with Arch completing $23 million worth of reclamation at the south Gillette mine to date, the report states.

Care and responsibility are key as the company continues the long-term wind-down of its legacy thermal assets, per the report.

All legacy thermal retirement obligations will be handled in a way that serves the needs of the company’s thermal employee base, mine communities, and thermal power customers, Arch said in the report.

Moving forward, the coal giant remains confident that the thermal mines can and will self-fund their own closure obligations while continuing to provide significant cash flow for the company.

Global and domestic thermal coal markets remain exceptionally strong at present, the report states, with countries around the world struggling to secure sufficient supplies of energy to support quickly recovering economies.

Based on current projections, Arch’s thermal segment should be on track to generate a gross margin next year that “substantially exceeds the entire asset retirement obligation for its thermal mines.”

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By Elyse Kelly, The Center Square for Cowboy State Daily

Cheyenne may soon boast the only working gold mine in the state of Wyoming.

U.S. Gold Corp., a gold exploration and development company, is investigating the potential of an old copper mine adjacent to Curt Gowdy State Park to produce gold. If continued data collection bears out hopes, the Copper King (CK) Gold Project could produce tens of millions in revenue for the state.

And U.S. Gold Corp. is hopeful.

Jason Begger, project spokesperson for the CK Gold Project, says with every bit of data they collect, the project becomes more certain.

“All indications are that it could work,” he told The Center Square.

The mine site is located at Copper King, an old copper mine that hasn’t been worked since before World War II and is owned by the state. The gold deposit has been known to exist for a long time, but new mining technology has finally reached a point where experts think it could be worth opening again, Begger said.

Currently the company estimates the mine holds 230 million pounds of copper and 700,000 ounces of gold awaiting extraction, according to Begger. The operation would be hard rock mining. Begger said the ore is trapped within granite and requires forcible extraction.

U.S. Gold Corp. is in consultation with the Wyoming Game and Fish Department to assess any environmental and wildlife impacts the operation could have. 

“The area is a part of what’s called critical winter range for mule deer, and so we’re working with the regulators to determine what sort of mitigation efforts can be done,” he said.

If the project moves forward, Begger said they estimate the financial boon to the state could be in the tens of millions.

“We have partnered with the University of Wyoming and their economic analysis division and they’ll be completing an economic impact analysis of both tax revenue to the State of Wyoming, vendors, sales tax – the kind of broader impacts – so that is in the works,” he said.

Begger pointed out as Wyoming and the country embrace new technologies like electric cars, manufacturers are going to require a lot of copper – copper the CK Gold Project could produce. 

The project is roughly a 10-year operation, according to Begger.

“It’s a nice shot in the arm for the state of Wyoming,” he said.

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By Brianna Kraemer , The Center Square

Wyoming Gov. Mark Gordon expressed his content on Wednesday after a federal judge blocked the Biden administration’s moratorium on new federal oil and gas leases.

A U.S District judge based out of Louisiana granted a preliminary injunction in the case on Tuesday, ultimately restraining the U.S. Department of Interior from continuing to implement the pause on new oil and natural gas leases on public land or offshore waters.

The decision is a major setback for President Joe Biden’s climate change agenda.

Wyoming relies heavily on lease sale revenue to fund its public services, Gordon noted in his statement.

“This preliminary injunction is outstanding news for Wyoming and our energy workers. It confirms the position we have maintained since this ‘pause’ was implemented,” Gordon said.

“The Biden Administration has in fact put in place an unlawful, de-facto moratorium, causing economic harm to states like ours that rely on lease sale revenue to fund our schools and critical functions of government,” he added.

Biden’s executive order halting new oil and gas leases went into effect just a week after Inauguration Day. The order, called “Tackling the Climate Crisis at Home and Abroad,” pauses new leases until a comprehensive review of the environmental impacts can be assessed.

Wyoming is the nation’s top producer of onshore gas that takes place on federal lands, and second in the nation for its federal onshore oil production, according to the Bureau of Land Management. 

Of the nearly 63 million acres in the state of Wyoming, oil and gas leases managed by the bureau accounted for 8.4 million acres of land from over 13,000 leases in recent years.

With Tuesday’s ruling, Gordon said he hopes a similar ruling will be issued in a case filed in the U.S. District Court of Wyoming.

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By Jimmy Orr, Cowboy State Daily

It’s not like the two politicos from opposite sides of the aisle walked out of a conference room holding hands and singing “Love Will Keep Us Together,” but America did bear witness to a rare bipartisan agreement on Tuesday.

Energy Secretary Janet Granholm, a Democrat and former governor of Michigan, agreed with U.S. Senator John Barrasso, a Republican from Wyoming, on the necessity for a domestic supply of uranium to supply a proposed nuclear power plant in the Cowboy State.

In order to power the “Natrium” reactor plant, Barrasso said high-assay, low-enriched uranium (HALEU) would be necessary, which can be supplied only by the Department of Energy or Russia.

He asked Secretary Granholm what steps the department is taking so that the U.S. doesn’t have to rely on Russia for the energy.

“We agree that we need to develop that supply of HALEU and the budget requests $33 million in that regard to start that process and make sure that we will have on an ongoing basis access to that critical mineral,” Granholm said.

Pleased with her response, Barrasso noted there were individuals in the Energy Department who didn’t share those feelings so it was “good to hear that you’re on board on this,” he said.

“For sure,” Granholm said. “It goes right into again, this notion of us being able to make sure that we have the means for our own for our own supply chains for our own energy.”

The plant proposed for Wyoming will generate 345 megawatts and will also be able to store enough energy to generate 500 megawatts of power for more than five hours.

The plant will be built at one of Rocky Mountain Power’s existing coal power plants near Rock Springs, Glenrock, Kemmerer or Gillette. The location should be decided by the end of the year.

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By Jim Angell, Cowboy State Daily

The U.S. Supreme Court needs to stop the state of Washington from unconstitutionally blocking the delivery of Powder River Basin coal to foreign markets, according to the attorneys general for Wyoming and Montana.

The two states, in a brief filed with the court, argued justices should take up their challenges to Washington’s denial of permits needed for a proposed coal terminal, even though the terminal’s developer has gone bankrupt.

The brief filed Monday said the issues posed by Wyoming and Montana go far beyond which company will build a terminal and apply directly to Washington’s discrimination against the use of coal as fuel.

“Montana and Wyoming are challenging Washington’s longstanding discrimination against two landlocked states’ sovereign interests in getting one of their most important commodities to market,” the brief said. “Washington’s hostility to coal exports … remains unchanged. Washington has changed nothing and will continue to block Powder River Basin coal exports based on coal’s end use in foreign markets …”

The brief was filed in response to a request from the U.S. Solicitor General asking that the Supreme Court dismiss the lawsuit filed by Wyoming and Montana against Washington in January. The solicitor general argued because the company proposing the Millenium Coal Export Terminal has gone bankrupt, the challenge is moot.

But the brief filed by Wyoming Attorney General Bridget Hill and Montana Attorney General Austin Knudsen said the more important issue of Washington’s refusal to issue permits for a coal terminal, regardless of who develops it, must be addressed.

“Washington will continue to block port development and dissuade bidders from taking up this otherwise lucrative project,” the brief said. “Evidenced by its successful eight-year crusade to kill the terminal project, Washington’s policy-driven interpretation of its laws and regulations is not going to change on its own.”

In their initial lawsuit, Wyoming and Montana officials argued that in denying permits for the terminal, Washington did not simply look at the environmental impacts of the port on Washington, but at the environmental impact of using coal for fuel in other countries. Such “extraterritorial” factors should not have figured into the state’s decision, the lawsuit said.

Monday’s brief said even though the developer of the terminal has declared bankruptcy, Washington’s continued discrimination against Powder River Basin coal will infringe on the “sovereign interests” of Wyoming and Montana by unconstitutionally blocking commerce by the states.

The U.S. Supreme Court is the only court that can issue a judgment in such cases, the two states said, making it necessary for the legal action to proceed.

“If anything, that the developer is now bankrupt is one more fact to be weighed in determining the important legal issue raised in this matter — whether Washington’s policies and practices violate the Commerce Clause (of the Constitution) to Wyoming and Montana’s detriment,” the brief said.

Unless prevented from doing so, Washington will continue to prevent the construction of coal ports, the brief said.

“Without relief from this court — the only forum with the power to grant it — Wyoming and Montana likely will never see their abundant coal reserves to foreign markets,” it said.

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By Jim Angell, Cowboy State Daily

One of Wyoming’s retiring coal-fired power plants could be the home to a nuclear power demonstration plant, Gov. Mark Gordon and other officials announced Wednesday.

Gordon, joined by officials with TerraPower and Rocky Mountain Power, announced they are working to build a “Natrium” reactor demonstration plant in Wyoming that will use uranium produced by the state.

“Today’s announcement is really, truly game changing and monumental for Wyoming,” Gordon said during a news conference.

The Natrium technology has been developed by TerraPower, a nuclear power innovation company founded by software developer Bill Gates, and GE Hitachi, according to a news release from the state, TerraPower and Rocky Mountain Power.

The technology results in a smaller nuclear power plant than has previously been built, along with improved safety measures and a power storage system.

The plant to be built in Wyoming will generate 345 meagwatts, according to the release, but will also be able to store enough energy to generate 500 megawatts of power for more than five hours.

The plant will be built at one of Rocky Mountain Power’s existing coal power plants near Rock Springs, Glenrock, Kemmerer or Gillette, according to Gary Hoogeveen, president and CEO of the power company. The location should be decided by the end of the year, he said.

He added the plant and others like it that are planned for the future will help the company guarantee it can provide a constant source of power.

“We are currently building a lot of wind and solar plants,” he said. “But we know as a utility, like everyone else does, you can’t do 100% renewable and battery power 24/7/365. That’s what’s so exciting about this. It will allow us to provide carbon-free electricity 24/7/365.”

The company has announced it will be retiring some of its older power plants and Gordon said the power plant project will help employ workers left without jobs by the move.

“It is expected the jobs for operation of the plant will be comparable in number, salary and benefits to jobs at coal-fired plants,” he said.

In addition to helping Rocky Mountain Power and its parent company PacifiCorp meet its goals for reducing its use of carbon-based fuels to generate electricity, the plant fits in with the goal of President Joe Biden’s administration to reduce carbon emissions, said Energy Secretary Jennifer Granholm, who joined the news conference by video.

“This reactor shows the future of nuclear energy is here,” she said. “It’s got a simpler design, it is going to create a smaller footprint and it is equipped with next-generation safety measures.”

The plant will have to win approval for construction from several regulatory agencies, including the Nuclear Regulatory Commission, and officials are hoping to have it completed in 2027 or 2028.

According to a website created for the project, WyomingAdvancedEnergy.com, waste from spent nuclear fuel will be stored at the reactor site until a permanent national waste repository can be developed.

If the plant is approved, it will be the first commercial nuclear power plant built in the United States since 1977.

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By Jim Angell, Cowboy State Daily

News of the possible construction of a demonstration nuclear power plant in Wyoming is being welcomed by the state’s uranium producers.

The plant proposed by TerraPower and Rocky Mountain Power is being hailed not only as a new consumer of uranium, but as proof the country can resume development of nuclear power plants, said Travis Deti, director of the Wyoming Mining Association.

“What we see this project doing is jump starting the American nuclear industry,” he told Cowboy State Daily. “This is a great market indictor for uranium producers that the United States is finally getting serious about upgrading its nuclear fleet. More consumers is good news for our producers.”

Gov. Mark Gordon announced Wednesday that TerraPower would begin work to build an $80 million “Natrium” reactor at the site of one of Rocky Mountain Power’s coal-fired power plants.

Officials with Rocky Mountain Power and TerraPower, founded by software engineer Bill Gates, have said they hope to have a site chosen for the plant by the end of this year. Rocky Mountain Power officials said plans call for construction to be completed by 2027 to 2028.

During his announcement Wednesday, Gordon said the plant would use uranium from Wyoming, still the nation’s top uranium producer at 173,000 pounds in 2019.

America’s uranium industry went into a slump in the 1980s with a decline in demand for the radioactive element as fuel for nuclear power plants. Today, most of the country’s uranium comes from Canada and Kazakhstan.

But Deti said the more important aspect of the development is that the plant’s success will encourage the construction of other plants elsewhere.

“Our operations are in a holding pattern to see when markets pick up,” he said. “I think this will be a good shot in the arm, it will show there is going to be a need for this fuel. Once it is up and running and proven successful, we see the construction of a lot more. That means the fuel is going to have to come from somewhere. Wyoming producers are ready, willing and able to meet that demand.”

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By Elyse Kelly | The Center Square contributor 6 hrs ago 

Wyoming’s mining industry lost 4,900 jobs — a 25.3% reduction — from March 2020 to March 2021, according to a recent report by the Wyoming Economic Analysis Division.

But those numbers are a bit misleading, according to Wyoming Mining Association Executive Director Travis Deti, who said they also include employment losses for oil and gas.

“When you’re talking about mining in Wyoming, we’ve got what you call our four big sectors and those are: coal, uranium, bentonite and trona,” Deti told The Center Square. “Those are actual mining jobs and outside of oil and gas. When you’re looking at those particular numbers, we lost just shy of 700 jobs in the past year.”

Broken down individually, coal lost approximately 570 jobs, 95 were lost in the bentonite sector, 20 jobs were lost in trona, and uranium actually added 15 jobs, according to Deti.

Losses in coal were exacerbated by the pandemic, but also reflective of the sector’s continued decline since 2012 due to market pressure from a decline in coal usage by utilities, along with low natural gas prices, coal’s biggest competitor, according to Deti.

“Analysts say they are predicting an uptick in coal production so we expect some of those jobs to come back, probably not all of them, I would say, but some of those jobs are going to come back,” he said.

There is no doubt in Deti’s mind that bentonite will recover as it has been dubbed “the clay of 10,000 uses.”  

Much of it is used in the drilling process, in addition to cat litter and cosmetics.

“So our bentonite industry is around for a long time — we’re not going to be stopping mining bentonite,” he said.

Trona’s losses were directly attributable to the pandemic and the economic shutdown, Deti said. The product goes into different kinds of glass, including auto glass.

“So with the shutdown of the automakers in the Midwest, that took a tremendous impact on the trona industry,” he said. “Our production fell over 40% at the height of the pandemic.”

As the economy opens back up, however, trona will recover quickly, he added. Currently, trona operators are looking to expand, a symptom of that sector’s strength.

While uranium did add a few jobs, overall the price for uranium has been artificially deflated thanks to Russia, Kazakhstan and China flooding the market with state-subsidized production, making it economically unviable to mine uranium in the U.S. 

Deti hopes for a “big boost” from the federal government in the form of a program started by the Trump administration.

“The Trump administration did a study and called for a domestic uranium reserve, to where the government would buy a certain amount of uranium every year,” he said. “We haven’t seen a lot of movement on that yet. We don’t believe that concept is dead under President Biden, and we’re hopeful that will come to fruition.”

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By Jim Angell, Cowboy State Daily

Wyoming officials are asking a federal court to force the U.S. Bureau of Land Management to resume oil and gas lease sales on federal land pending the outcome of the state’s lawsuit against the Interior Department.

Gov. Mark Gordon announced Tuesday that the state has asked the U.S. District Court in Wyoming to issue an injunction allowing oil and gas lease sales to continue while the federal government conducts its review of the federal leasing program.

“This litigation does not challenge the (Interior) secretary’s authority to review the federal oil and gas leasing program,” the motion said. “Instead, Wyoming challenges the secretary’s suspension of federal oil and gas leasing before complying with applicable federal law.”

In his first days in office, Biden issued executive orders that have halted oil and gas leasing on federal land until the leasing program can be reviewed. 

Wyoming in March filed a lawsuit against the Interior Department, alleging the halt to leasing violates a number of federal laws, including the National Environmental Policy Act, and saying it amounts to a “de-facto moratorium” on federal leasing.

The request for an injunction filed Monday said the Interior Department halted lease sales without seeking input from the public or considering all the impacts of such a move.

“Put simply, the (Interior) secretary took a ‘shoot first, ask questions later’ approach to managing federal land by failing to involve the public, provide an explanation, or consider any environmental impacts before suspending the federal oil and gas leasing program,” the motion said.

State officials have said if a halt to leasing remains in place for several years, it could cost the state hundreds of millions of dollars, a fact cited in the motion.

“The secretary’s suspension of federal oil and gas lease sales deprived Wyoming of millions of dollars in revenue afforded to Wyoming by federal law,” it said. “Wyoming’s injury will compound each subsequent quarter the secretary’s suspension of federal leasing remains in place. Wyoming suffers from the lost opportunity cost of not having federal leasing revenues in Fiscal Year 2021 to support its schools, highways and local governments.”

Resuming the leasing program is the only way to solve the problems created by the suspension, the motion concluded.

“A preliminary injunction is necessary to remedy the harms caused by the secretary’s suspension of all federal oil and gas leasing,” the 49-page motion said. “The secretary’s purported unsubstantiated greenhouse gas benefits do not outweigh the public interest in ensuring compliance with federal laws which, in turn, generates substantial revenue for the federal government.”

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 By Ryan Lewallen, County 17

Arch Resources ended its first quarter of 2021 with a $6 million loss while taking strides to complete its accelerated reclamation plan in the Powder River Basin (PRB), according to a quarterly earnings report released Thursday.

While still a loss, the end of 1Q2021 showcased a $19.3 million improvement over the $25.3 million loss reported for the first quarter of the previous year, an accomplishment the coal giant attributes to the expanding availability of the COVID-19 vaccine and a declining rate of infection across its operations, according to the April 22 report.

“The Arch team maintained its world-class execution in (1Q2021), once again delivering operational excellence in the key areas of cost control, safety, and environmental stewardship,” Paul A. Lang, Arch’s chief executive officer, said in a statement.

This past quarter, Arch’s thermal coal sales came in at 12.3 million tons, about 1.8 million tons less than the amount sold in the final quarter of 2020 (4Q2020), a pattern that the company expects to hold well into the next quarter of 2021 due to still-inflated power plant stockpile levels and low power demand, according to the report.

Earnings from production at Black Thunder, Coal Creek, and the West Elk mines will be used to carry out the coal giant’s long-term accelerated reclamation plan in the PRB, per the report.

“We are methodically harvesting value and cash from our legacy thermal assets while working down our long-term closure obligations in a systemic and measured way,” Lang said in a statement.

The company had previously announced with the release of their 4Q2020 earnings report that it would strive to fulfill existing contracts at Coal Creek Mine throughout 2021 with the intent of closing and reclaiming the mine’s active pit south Gillette in 2022.

This past quarter, Arch spent around $8 million towards retiring Coal Creek Mine and anticipates having 80 percent of the final reclamation and retirement project finished by mid-2022.

Similar plans had been hinted at for Black Thunder Mine in the 4Q2020 earning report, though specific retirement and final reclamation dates have not been released as of April 22.

But in the past few months, nearly $2 million worth of work aimed at shutting down and reclaiming Black Thunder was completed, according to the report.

Systemically shutting down PRB operations aligns with Arch’s strategic shift toward metallurgical products in anticipation of growing steel demands as the global economy intensifies its focus on decarbonization, per the report.

Steel is an important component for urbanization, infrastructure replacement, and the construction of decarbonization tools, according to the report. Those tools could include mass transit systems, wind turbines, and electric vehicles.

“The team’s objective is clear as we drive forward in completing the company’s strategic transition towards steel and metallurgical coal markets while remaining committed to our environmental stewardship across our operations,” Lang said in a statement.

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By The Center Square for Cowboy State Daily

Despite a new state report showing the Wyoming economy is bouncing back, sluggish income growth and job losses, particularly in the oil and gas industry, mean the state’s overall progress is expected to be slow.

“The natural gas and oil industry follow the global markets and must utilize the oversupply that was created during the pandemic before we will see prices rise significantly and allow for increased production,” Ryan McConnaughey, communications director at the Petroleum Association of Wyoming (PAW), told The Center Square.

The oil and gas industry itself has been in a slouch and continues to seek recovery.

“The COVID-19 pandemic caused a historic drop in demand for petroleum products as the globe quarantined to slow the virus’s spread,” McConnaughey said. “This caused an oversupply in the global markets. We are starting to see the oil price move upward, and we are confident production will return as global economic activity resumes.”

The report was issued last month by the Wyoming Department of Administration and Information (WDAI).

“Wyoming’s recovery is really somewhat similar to the U.S. economy’s recovery,” Wenlin Liu, chief economist for the WDAI economic analysis division, told Wyoming Public Media. “The Wyoming economy continued to rebound in the fourth quarter. However, the slow recovery of Wyoming’s economy was mainly dragged by our oil and gas drilling activities.”

This year’s new federal mandates banning new oil and gas leases on federal lands, many of which are in Wyoming, have added to the state’s economic difficulties.

“The administration’s new policies around oil and natural gas will hinder the ability to produce in Wyoming due to its outsized reliance on federal lands for production,” McConnaughey said. “The natural gas and oil industry contributes more to Wyoming’s GDP than the following two sectors combined [travel/tourism and agriculture]. Therefore, production must continue for the well-being of our state and communities.”

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By Jim Angell, Cowboy State Daily

A request to President Joe Biden to rescind his blocks on mineral leasing on federal lands may not convince the president to do so, but it will show him how seriously the state takes the issue, a state senator said Thursday.

Sen. Ed Cooper, R-Ten Sleep, urged members of the Senate to approve Senate Joint Resolution 3, which has the Legislature express its opposition to the moratorium because of its impacts on the state.

The resolution was approved on a voice vote in its first full Senate floor review.

Cooper admitted that generally, joint resolutions have little impact. But he said SJR3 came in response to a request from Gov. Mark Gordon.

“This reiterates our support for our governor in his letter to the president regarding our position on oil and gas in the state of Wyoming,” said Cooper, a co-sponsor of the bill. “It reiterates that we strongly support our (congressional) delegation in their efforts to curtail some of these executive orders.”

In his first seven days in office, Biden issued two executive orders that have halted oil and gas leasing on federal lands pending a review of the federal government’s leasing programs. Gordon and a number of western governors wrote letters protesting the moratorium and members of Wyoming’s congressional delegation have also expressed their opposition.

The resolution noted that in addition to owning almost than half of Wyoming’s land, the federal government has direct control over another 42 million acres of mineral rights in the state and some influence on more than 90% of the state’s minerals.

In addition to the immediate impact of reduced income for the state, the move will drive oil and gas producers to other countries where the restrictions are not as stringent, Cooper said.

Sen. Drew Perkins, R-Casper, suggested the resolution be amended to point out how many jobs will be lost because of the moratorium.

“We don’t have anything on how it affects the workforce,” he said. “It’s not just what it does to the coffers of this state, but it has a direct effect on the people as a whole.”

However, Perkins also questioned the value of such resolutions.

“I appreciate the sentiments, but I just continue to feel that (resolutions) usually end up in ‘File 13’ and that’s the end of it,” he said. “They make us feel good that we’re doing something, even though we’re not.”

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By Sarah Downey, The Center Square

Wyoming energy producers are preparing to fight the Biden administration’s recent halt to new energy exploration leases on federal lands.

The ban is part of a slew of executive actions President Joe Biden has undertaken as part of a new climate policy.

“The Biden administration’s energy policies will do nothing to combat climate change while shifting oil and natural gas production from domestic sources to foreign countries,” Ryan McConnaughey, communications director at the Petroleum Association of Wyoming, told The Center Square by email.

“These actions will dampen the economy, harm national security, lessen environmental standards, and destroy good-paying jobs for the middle class,” he said.

The ban on leasing is a precursor to the Biden administration’s stated goal of ending all natural gas and oil production on federal lands, McConnaughey said.

“It will have immediate impacts on where companies invest for future production,” McConnaughey said.

Half of the state of Wyoming is federally owned. McConnaughey said that a recent study by University of Wyoming economist Tim Considine found that a leasing ban would result in the state losing $300 million in tax revenue annually.

“Experts tell us that a long-term ban could cost us 33,000 jobs in Wyoming, for a state of only half a million people,” U.S. Sen. John Barrasso, R-WY, said on the Senate floor.

Without robust oil and gas production, stakeholders predict Wyoming won’t be able to economically recover from the economic devastation caused by the COVID-19 pandemic.

“We hope that cooler heads within the Biden administration will prevail,” McConnaughey said. “Should these misguided policies be enacted it will result in devastating impacts to Wyoming’s economy.

“The Petroleum Association of Wyoming is committed to protecting the livelihoods of the hard-working men and women of the natural gas and oil industry. We will use all legal means at our disposal to fight any attempts on our way of life.”

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By Jim Angell, Cowboy State Daily

After being hit by both a downturn in the energy industry and economic restrictions imposed by the coronavirus, Wyoming lost 14,400 jobs in November compared to one year ago, according to state figures.

The Wyoming Economic Analysis Division, in its report on economic conditions in the state in late 2020, said most of the loss came in the mining sector. However, the state’s retail trade industry actually gained jobs.

The division’s regular report “Wyoming Insights” looks at the various statistics that point to the health of the state’s economy.

In the area of employment, the report said the state had 274,600 jobs in November, a decline of 14,400 from November 2019.

Most of the decline, about 6,000 jobs, was traced to the mining industry. In addition to losses in the state’s coal industry in the past year, Wyoming’s oil and gas industry was hit by a global price war that forced prices so low that at one point, the state contained no working oil rigs.

Also posting declines were state and local government jobs, which fell by 2,600 in the 1-year period, the report said.

Professional and business services lost 1,900 jobs and the leisure and hospitality workforce was reduced by 1,800.However, employment in the state’s retail industry grew by 5.6%, 1,600 jobs, during the year, the report said.

The declines in the state’s mining industry made themselves felt in the form of lower tax revenues, the report said. Sales and use taxes paid by the mining industry in December dropped by $6.7 million, about 67%, from 2019 figures, the report said.

Sales and use tax payments increased in December over 2019 figures for three segments of the economy, the wholesale trade industry ($253,000), public administration ($73,800) and professional and business services ($27,800).

The drop in sales and use tax income was felt in most Wyoming counties, with Campbell County seeing the biggest decline at almost $4.1 million. Carbon County’s share of sales and use taxes dropped by $2.8 million in December from December 2019, a decline of 58.9%.

Teton County saw an increase from 2019 in its December tax collections of $787,000 and Albany County’s tax collections increased by $42,500.

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By Jim Angell, Cowboy State Daily

A proposed major oil and gas development project in Converse County moved one step closer to federal approval with a release of the final environmental impact statement on the project.

The U.S. Bureau of Land Management on Thursday, in its final impact statement on the project that could see more than 5,000 new wells drilled in the next 10 years, continued to select the full development option as its preferred alternative for the project.

The release of the statement triggered a 30-day protest period, after which the BLM will issue a record of decision on the project.

Five energy companies have proposed drilling on about 1.5 million acres of land in Converse County: Occidental Petroleum, Chesapeake Energy Corp., Devon Energy, EOG Resources Inc. and Northwoods Energy. Plans call for about 500 wells to be drilled each year over 10-years.

Other options for the project considered by the BLM included allowing no development and allowing the development of all the new wells, but limiting the number of well pads that could be built in the area.

Gov. Mark Gordon, in a prepared statement, said he welcomed the release of the report and noted Wyoming officials had worked extensively with federal officials to make sure the development followed certain measures to protect wildlife and the environment in the area.

“The State of Wyoming worked long and hard to weigh in on issues such as year-round drilling that would still provide appropriate measures to protect wildlife, including raptors as well as Greater sage-grouse,” he said.

He noted the project will involve the use of new drilling technologies that will reduce surface disturbances.

“It reflects what can be accomplished when ingenuity, science, technology and common sense management policies are used to promote energy development and preserve our wildlife,” he said.

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