DIRECTORS’ MESSAGES ON RECENT PARCEL 194 PRESS, PART 2: ON THE Ground

Recent press concerning the Wyoming Outdoor Council’s efforts to protect critical pronghorn migratory habitat has caused a bit of a stir in certain circles — and we’d like to set the record straight with an important message for the WOC community and other Wyomingites.

In this second part of a two-part message, WOC’s program director, Alec Underwood, responds to biased reporting and industry perspectives on WOC’s involvement in the July 2023 oil and gas lease sale, and lays out the need for reforms. If you haven’t already, be sure to read Part 1: On the Media, in which executive director Carl Fisher lays out this recent experience with the media in greater detail.

Setting the Record Straight on State Oil and Gas Leasing

There’s that common saying, that wildlife don’t know political or human-made boundaries. The complicated matrix of Wyoming land ownership can vex people, too — making it all the more important that we work together to build common-sense plans and policies to protect our uniquely Wyoming values.

Wyoming is not immune to major challenges for wildlife and occasionally, we see the threat of short-sighted development that warrants bold action to prevent it. Recent articles penned by Cowboy State Daily reporter Pat Maio paint a misleading picture of WOC’s involvement in state oil and gas lease sales, while taking as fact the lone perspective of industry. In an effort to provide transparency and factual information to the public, we at the Wyoming Outdoor Council would like to set the record straight. 

Though we are not against oil and gas leasing or other forms of industrial development, most people can agree that some places are just too special to develop. That was the case with ‘parcel 194’ in the Office of State Lands and Investments’ July 2023 oil and gas lease sale. The 640-acre tract of land is located squarely in a bottleneck portion of the Sublette Pronghorn migration corridor, a pinch-point that is vital to the herd’s seasonal movements.

Many Wyomingites know the story of how nearly 50 percent of the Sublette herd perished during the winter of 2023 — dropping from an estimated 43,000 animals to 24,000. That’s why we were alarmed when the state offered a development lease directly in this incredibly sensitive habitat for pronghorn. After raising our concerns with state leadership, the auction went forward with parcel 194 included, and without any stipulations in place to protect migratory big game. Left with no other options and the threat of future development in this sensitive habitat, we decided to participate in the oil and gas lease auction. 

We did not take this action lightly nor is it a standard practice for WOC. In our eyes, our bid was an effort to demonstrate that we could still produce revenue for our state while also preserving important wildlife habitat. It was not an effort to “drive up prices” or start a “bidding war,” as falsely mischaracterized in Cowboy State Daily’s articles. Regardless, we were not the high bidder for the parcel, and we turned our efforts toward the State Board of Land Commissioners, urging them not to issue the lease. 

Despite having the support of both OSLI and the Wyoming Game and Fish Department for a new protective stipulation for the parcel, and hearing from hundreds of Wyomingites who wrote in opposition to leasing the ground in the first place, the Board issued the lease as-is — without any considerations for migratory pronghorn. 

The story of parcel 194 represents a larger issue within the system of state trust lands: There is no clear alternative to protect key habitat or other values from development, while also respecting the mandate to provide revenue for state trust beneficiaries. Given there is great interest from the public in how state lands are used (think Casper Mountain or Munger Mountain), we hope our state leaders are listening and will commit to solving this very real problem.

The recent changes to defining “qualified bidders” in state oil and gas lease sales brings into question how the Board of Land Commissioners makes decisions on state lands leases. Take for example that according to testimony from OSLI in a February 2024 legislative committee hearing, only 27 percent of state land oil and gas leases ever make it to production. Does that sound like a system that is fulfilling the Board’s constitutional charge of optimizing revenue?

Also important to note, the Board has full discretion in their duty to protect and care for all state lands This includes the ability to withdraw lands to protect economic or environmental interests. In addition to what conservation groups may be willing to pay for protecting a parcel, what is the long-term value of protecting the most sensitive habitat for thousands of migrating pronghorn?

The Wyoming Outdoor Council has always been committed to finding common-sense solutions to any issue that we work on. That’s why we’ve been calling for increased screening for conservation conflicts before sensitive habitat is leased, as well as urging state leaders and OSLI to develop a formal conservation leasing program. We believe the state can, and should, do better to address these known conflicts with other values.

Oil and gas production on state lands is undoubtedly a primary driver of revenue for our schools and other public institutions, and we respect that. But that shouldn’t preclude us from discovering new avenues to conserve important habitat on state lands and monetize them for the beneficiaries in a sustainable manner.

Using a word recently penned to describe our advocacy, the real “shenanigans” being played are by those who, on occasion, would rather sell out our wildlife for short-term gains. Rest assured, we’ll keep seeking solutions and advocating for conservation of the things that make Wyoming such a special place. We invite anyone who cares about healthy landscapes, clean air, clean water, and wildlife to join us in those efforts.

Alec Underwood is the program director for the Wyoming Outdoor Council. He resides in Lander.

Banner Image: © Scott Copeland Images

DIRECTORS’ MESSAGES ON RECENT PARCEL 194 PRESS, PART 1: ON THE MEDIA

Recent press concerning the Wyoming Outdoor Council’s efforts to protect critical pronghorn migratory habitat has caused a bit of a stir in certain circles — and we’d like to set the record straight with an important message for the WOC community and other Wyomingites.

In this first part of a two-part message, WOC’s executive director, Carl Fisher, lays out a recent experience we had with the media. Be sure to also read Part 2: On the Ground, in which program director Alec Underwood responds substantively on issues concerning parcel 194 and needed reforms for leasing of state lands.

You really can’t believe everything you read

For one Wyoming media outlet, the state’s Fourth of July celebrations must have fallen short,  because it decided to set off some fireworks of its own. Unfortunately, their bombastic display was itself pretty short on substance — being composed instead of the sorts of fictions that only exist in the imagination. As such, the Wyoming Outdoor Council was the undeserving recipient of what you might describe as an industry hit job. The result? WOC will no longer respond to media inquiries from Cowboy State Daily, until trust can be restored and these issues resolved. 

The issue erupted around a well-known news story from last year, about WOC going to great lengths to protect a state parcel within the Sublette Pronghorn migration corridor — including bidding on parcel 194. Subsequently, in this past Legislative Budget Session, an industry-initiated bill, HB141, directed modification of administrative rules defining what constitutes a “qualified bidder” in state oil and gas lease sales, and directed the Office of State Land and Investments to develop criteria for qualified bidders. The bill was passed and signed by the governor on March 8, 2024. From what we can tell, Governor Gordon recently put through an emergency order in an effort to enact the legislated policy (which had yet to take effect), due to pressure from industry and fear-mongering that “billionaires” and “activists” would wreak havoc on the auction. WOC, for one, had no intentions of this, and the media firestorm created by the Petroleum Association and Kirkwood Cos. could have been resolved with a simple phone call, as we frequently do for them.

For years, WOC and other wildlife and conservation organizations have had concerns about development of land, which lies directly in the path of migrating Sublette Pronghorn. These concerns became urgent in July 2023, when parcel 194 was put on the auction block for leasing. WOC did, in fact, legally bid on parcel 194 in last year’s July auction. WOC is not fundamentally against leasing for oil and gas, or the auction process for that matter. Just as oil and gas wishes there was better guidance around what constitutes a qualified bidder, we believe the state has an obligation to develop better guidance around which state parcels should be leased for development, and which should be protected for their importance for wildlife and other irreplaceable environmental attributes. 

According to Cowboy State Daily, WOC “duped” oil and gas companies during this auction and our sole intent was to drive up costs, play shenanigans, and start a bidding war. The titles and subtitles of the articles were bad, really bad, and the accusations of the reporter about WOCs intentions were malicious. Here are the reporter’s own words: “There’s a lot of disdain, I’m finding out, for the Wyoming Outdoor Council because they’ve gotten to the point now where, I mean, theoretically, you know, if you’re taking leases out of the hands of oil and gas companies, that hurts education in Wyoming, right? Because a lot of that money, that royalty money goes directly to education.” We think Cowboy State Daily was duped into carrying water for industry in penning these biased and one-sided articles. The reporter’s own bias clearly comes through in his words.

Over the course of several days (July 4–8), four articles (three written and one video) were published. As the situation developed, I had a very pleasant call with the editor of Cowboy State Daily, who ultimately agreed to modify the headlines, bylines, and add an accompanying editor’s note, and I look forward to working with them over the coming weeks and months to build trust. On one hand, I sympathize: The issues we and media outlets work on are complex and require a level of policy wonkiness I wouldn’t wish upon most people. Expeditiously translating these into the public vernacular is more an art than a science. On the other, it is the job of the media to report the facts, and Cowboy State Daily is, as its name implies, a daily — meaning the damaging and false narrative that was perpetuated is impossible to unsee. I remind my staff that you can’t un-ring a bell, and that it’s virtually impossible to put a bullet back into the barrel. Honesty and integrity are vital to our kindling of the public trust and our way of accomplishing our mission.

The irony is that Cowboy State Daily’s accusations lack basic understanding of the system that is set up to fund schools and a dozen or so other entities that benefit Wyoming citizens. And to put a bid in during an auction naturally increases the cost for the next person. We’d welcome Pat Maio, Pete Obermueller, and Steve Degenfelder to any livestock auction in the state to show that this is common practice — it’s how auctions work. Further, if another energy company offered up $5 when the last bid was $3, you’d say they were “outbid.” Cowboy State Daily stated that WOC “duped” them. Even the Office of State Land and Investment acknowledged we did nothing wrong. So, it appears the energy industry concocted a media strategy to drag WOC publicly, and Cowboy State Daily took the bait — hook, line and sinker.

Our intentions in bidding on parcel 194 were two-fold. First, we wanted to protect critical habitat in a migration bottleneck. Second, we sought to demonstrate that conservation interests and values could monetize state lands for beneficiaries. WOC showed up with real money over three times the prior bid. We were proud to try, and sad we failed — not for ourselves, but for the Sublette Pronghorn herd. And at the end of the day, the beneficiaries of state land leases won the day, as they do at any competitive auction that generates revenue for critical programs. Let’s talk about what royalties could and should emerge from a conservation lease. 

So, there is no mechanism for conservation leasing and a rule was just passed that clarifies who can bid on oil and gas lease sales. The amount of bellyaching and press that accompanies state protection of the oil and gas honeyhole — which is now less competitive — is pretty extraordinary. If you want to really generate some revenue for Wyoming’s beneficiaries, it’s time to make lease sales competitive again, and allow a diversity of monied interests to vie for these parcels, be it for energy, conservation, recreation, or one of Wyoming’s many other values in the land. The proof is right there in the pudding: They wanted to get it for $3/acre, we went to $18. Are we promoting auctions for the beneficiaries, or fire sales on Wyoming’s landscapes? We believe we can lease, monetize and protect.

Here’s my promise to the state and energy developers like Kirkwood Cos.: If they’re willing to give up the lease and protect the bottleneck, we’ll cut ’em a check, because we don’t believe you can put a price on the viability of this herd. We get it, energy development is critical to Wyoming, but so too are our wildlife, our water and air, how we manage and lease our land, and for whom. Human and natural systems are complex. Our solutions should not oversimplify the challenges, or else we’re shifting burdens to something else, sometimes unknowingly, but the worst of us do it knowingly and for our own benefit.

At the Wyoming Outdoor Council, we welcome your questions and opinions. As executive director, I encourage them. Your inquiries and ideas (whether from members, partners or media) improve our work. We work to answer them expeditiously, but if you don’t get an answer immediately, we respectfully request that you not fabricate an answer for us. Instead, politely try again, we’ll in turn, reciprocate. We will work to be solutions-oriented, innovative, not positional, pragmatic members of the communities to which we belong and call home.

We felt compelled to share this story because we don’t believe it to be a one-off. It was for me here at WOC, but I’ve heard a number of stories from within and beyond our organization. I look forward to straightening things out with Cowboy State Daily, and frankly with Steve Degenfelder and Pete Obermueller. For more information on what WOC did at the July 2023 lease sale on parcel 194 and what our motivations were, it’s important to read program director Alec Underwood’s piece On the Ground: Setting the Record Straight on State Oil and Gas Leasing.

Carl Fisher is the executive director for the Wyoming Outdoor Council, a statewide organization committed to protecting Wyoming’s environment and quality of life now, and for future generations. Our environment includes land, water, air, wildlife, vegetation, cultural resources, and people — past, present and future.

Banner image: © Scott Copeland Images