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Field Notes


A Wyoming guide to recent Bureau of Land Management rules and land use plans

Posted on by Max Owens

A Wyoming guide to recent Bureau of Land Management rules and land use plans

Over the past year, the Bureau of Land Management has been busy with a bevy of rules that, once finalized, will impact public lands across Wyoming and the West. (You might remember hearing from us about the Public Lands Rule, Methane Rule, and Oil and Gas Rule — and you may have even written comments on these proposed rules.) Now, it seems April is the month that all these efforts have begun to bear fruit: With near-weekly announcements of finalized rules, it’s certainly been a busy time for the agency. And, I’ll add, for anyone trying to keep up!

Fortunately, these new rules contain plenty of conservation victories worth celebrating. But we can’t blame you if keeping them straight has led to some serious head-scratching.

To add to the confusion, the publishing of these rules has happened alongside the comment periods for additional BLM land use plan revisions and proposed rules. (With any luck, we’ll have even more to celebrate when the Western Solar Plan, Rock Springs Resource Management Plan, and updates to the rangewide Greater sage-grouse plan are finalized.)

Whether you’ve been closely following the news, are just tuning in, or are one of the many WOC supporters who shared comments with the BLM, this quick guide will help you get a handle on the agency’s recent activity — and what each of these rules and plans means for Wyoming’s public lands and wildlife.

RECENTLY FINALIZED BLM RULES

PUBLIC LANDS RULE

The Public Lands Rule adds conservation to the list of multiple uses allowed on public lands, placing it on equal footing with uses such as grazing, energy development, and recreation. It does not prevent oil and gas drilling, mining, or grazing on public lands — but it does enshrine protection and restoration as necessary components of responsible management. In doing so, our wildlife habitat, areas of cultural importance, water quality, and landscape intactness all stand to benefit.

The BLM manages 18.4 million acres of land across Wyoming — nearly one-third of the state. While drought, wildfires, and decreasing land health threaten these lands, the Public Lands Rule provides a cohesive framework for implementing conservation measures to address these threats and slow negative impacts from climate change — while continuing to manage for the many uses of these lands that allow Wyoming communities to thrive.

OIL AND GAS RULE

The most significant update to oil and gas leasing on federal lands in decades, the Fluid Mineral Leases and Leasing Process Rule directs development away from lands with little to no potential for oil and gas — thereby allowing better management of places with important habitat, recreational values, and cultural resources. It also ensures that companies set aside more money to plug wells after drilling, which is significant considering that previously, required clean-up money would have covered the cost of fewer than one out of 100 wells. These common-sense reforms, that follow in the footsteps of state policy, are a win for the health of Wyoming landscapes and for Wyoming taxpayers, as increased oil and gas royalty rates will result in better returns for Wyomingites and fund vital public services.

METHANE RULE

This rule aims to reduce emissions of methane, a potent greenhouse gas, from oil and gas operations on public lands. Also known as the Waste Prevention Rule, it updates regulations more than 40 years old by requiring oil and gas operators to take reasonable steps to prevent wasted methane during operations such as venting and flaring. The reduced emissions will benefit Wyoming’s air quality, and conserved methane will be available to power homes and industries. Through additional required royalty payments on natural gas emissions that could have been avoidable, the rule will also ensure Wyoming taxpayers are fairly compensated for natural gas that is unnecessarily wasted during production.


(Note: While similar in aim, this rule is separate from the Environmental Protection Agency’s final methane rule, which was published in December 2023. BLM’s rule curbs wasted methane on federal and Tribal lands and will go into effect this summer, while EPA’s sweeping rule curbs methane emissions on both public and private lands and will take several additional years before it is enforceable.)

RECENT BLM PLANS OF NOTE, YET TO BE FINALIZED

UPDATED WESTERN SOLAR PLAN

This region-wide plan (also known as the Solar Programmatic Environmental Impact Statement) will identify the best locations across 11 Western states for future utility-scale solar development on federal lands, along with areas that should be closed to solar. By proactively screening for wildlife, sensitive habitats, cultural resources, and other values and resources, it aims to reduce foreseeable land use conflicts. Our climate future depends on the addition of renewables to our energy portfolio — and the Western Solar Plan represents an opportunity to ensure solar doesn’t come at the cost of our iconic wildlife and other Wyoming values.


The Western Solar Plan is currently in draft form, and the period for comments on the plan concluded earlier this month. If you wrote to the BLM in favor of responsibly sited solar in Wyoming, thank you! Read WOC’s Western Solar Plan comments here.

Updated Greater Sage-Grouse Management Plan

Building off the BLM’s 2015 and 2019 plans for Greater sage-grouse, this plan enhances protections for this most-loved of Western birds — a prominent symbol of the threatened and ever-diminishing sagebrush biome. Drawing on ample new data and research, the update covers 77 resource management plans across 10 Western states, including Wyoming. Because the BLM manages the vast majority of Greater sage-grouse habitat on the continent, it is imperative that the agency takes bold action with this plan revision to shore up remaining, quality habitat and stave off further declines. As we dive deeper into the plan’s management alternatives, count on us to keep you informed and keep your eye out for opportunities to speak up for sage-grouse protections. Wyoming is the beating heart of the sagebrush biome and what happens here has outsize implications for the bird’s future, so your participation and local knowledge will be of added benefit to the agency. The plan is currently in draft form, with a public comment period ending June 13.

Rock Springs Resource Management Plan

A plan nearly 12 years in waiting, the Rock Springs Resource Management Plan outlines how much of the northern Red Desert — including the Big Sandy Foothills, Adobe Town, and more — will be managed for the next 15–20 years. The draft plan favors conservation of the Red Desert’s extraordinary habitat, cultural resources, and wide-open spaces while protecting opportunities for recreation. In December, WOC represented conservation on a task force convened by the governor to form consensus recommendations for the BLM alongside livestock, oil and gas, sporting groups, and other interests. Much common ground was found as we defended the Red Desert’s key landscapes from potentially damaging proposals.

There’s a good chance you heard and answered our calls to advocate for the Red Desert’s treasures. The public comment period on the draft RMP ended in January, and we’re confident that your passionate advocacy will result in a strong final plan. Thank you for your many supportive comments.

THANK YOU

As time marches on, it’s essential that we continually revisit, refine, and revise the rules and plans guiding management of our public lands. The items listed above are the finalized and in-progress products of this important process. They represent the modernizing of old policies that often had the effect of undermining conservation interests. They are also significant strides towards more proactive management of our public lands.

Importantly, the true value of these rules and plans lies with the public input that helped to build them. They are valuable because people like you spoke up — people who care for, understand, recreate or work on, live near, and love these public lands. As these frameworks for management move from draft stage to final rule or plan, we can’t thank you enough for your support and advocacy. Wyoming’s public lands are better for it!

Have lingering questions about recent BLM rules and land use revisions? Send us an email or write a comment below.

Field Notes


Despite public outcry, Wyoming’s net metering law will again be on the chopping block

Posted on by John Burrows

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Last week, we asked many of you to speak up at the Wyoming Legislature’s Joint Corporations Committee meeting and oppose a bill that would have undercut rooftop solar and small scale renewables in this state. And wow‚ that’s exactly what you did. The impact of your letters, calls, emails, and testimony was undeniable. The committee heard you. Because of you, the bill was dead upon arrival.

But, as many of you know, things at the legislature can change quickly and often unexpectedly. After the committee acknowledged that the votes were not there to pass the original bill, several members pulled the rug out from under the discussion by making a motion to substitute that bill with entirely different language and intentions. No one, including some members of the committee, saw this coming, and apart from a brief screen-share of a private document, the new bill was not even publicly available.

To the many members of the public who had taken time out of their day to participate — some of them taking time out of work — this was a shockingly sneaky maneuver. The last minute bill swap undermined the ability of the public to meaningfully weigh in on the topic while pushing through these committee members’ own agenda on net metering.

Consider for a moment, that the committee hadn’t been assigned net metering as an interim topic, and that the interim is supposed to be a time for thoughtful consideration of complex issues that require public input. Voting to advance a bill that neither the public or many members of the committee had ever seen before flies in the face of that. For those of you who spent time preparing testimony on the original bill that was not even considered, we are sorry.

We’re also sorry that after nearly three and a half hours of public testimony overwhelmingly against changing our existing net metering law, the committee decided to advance the new bill to the 2021 legislative session. This new bill charges the Public Service Commission to study net metering and set new rates and conditions for customers who currently have net-metered systems. The problem is this new bill leaps to the conclusion that net-metered customers are being subsidized by other ratepayers in Wyoming. This is not necessarily true. By thinking about net metering only as a “subsidy,” without also directing the Public Service Commission to consider the economic, social, and environmental that this policy generates, this bill’s narrow focus will make rooftop solar more expensive and kill jobs in this growing sector of our economy.

So what comes next? We believe that rooftop solar and small scale renewables can and should play an important part in diversifying our state’s economy and helping us address growing concerns about carbon emissions and climate change. The Wyoming Outdoor Council, along with a large coalition of solar and renewable energy supporters, will continue working on this issue and preparing for its appearance at the 2021 legislative session. Stay tuned as there will be plenty of opportunities to defeat or amend this bill. This fight is not over.

In the meantime, there are some real heroes on the committee that questioned and fought for the integrity of the public process that could use recognition and a quick thank you. Senator Tara Nethercott, in particular, was a passionate defender against the tactics we saw used last Wednesday. If you have a moment, we would encourage you to send a thank you to her and the other four members of the committee listed below who appreciate the value of public process, and who voted not to move any legislation forward under such circumstances.

Sen. Tara Nethercott
Tara.Nethercott@wyoleg.gov, 307.399.7696
Rep. Dan Furphy
Dan.Furphy@wyoleg.gov, 307. 760.0148
Rep. Shelly Duncan
Shelly.Duncan@wyoleg.gov,  307.575.2894
Rep. Andi Clifford
Andrea.Clifford@wyoleg.gov, 307.840.4327
Rep. Jim Blackburn
Jim.Blackburn@wyoleg.gov, 307.514.4318

 

 

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Field Notes


Big wins in the legislative interim — but we’ve still got work to do

Posted on by Kristen Gunther

DECEMBER 2019 UPDATE: Bills for the Wyoming State Legislature’s 2020 budget session are being prepared for introduction. In the coming weeks, we’ll begin our pre-session planning — stay tuned for more details about the bills we’ll expect to see. We’re excited to support the formation of a Outdoor Recreation Trust Fund account, and we’ll continue tracking efforts around Greater sage-grouse mitigation and new channels to fund wildlife crossings from the Joint Transportation, Highways and Military Affairs Committee. Along with those details, we’ll be keeping you posted about the best ways to engage with ongoing budget negotiations, and how to speak up against legislative attempts to interfere with big game migration corridors.

Last month, we shared an update with you about the chaos and lack of transparency that has riddled this legislative interim. We highlighted four problematic bills that would have explicitly undermined our shared Wyoming conservation values: two that would have essentially killed rooftop solar in the state; one that would have opened the door to making Wyoming the nation’s dump for nuclear waste; and another that would jeopardize big game migration corridors, undermine science-based wildlife management, and strip authority from the Wyoming Game and Fish Department.

You responded in force. Because of your dedicated engagement — writing to and calling legislators, showing up at committee meetings, and spreading the word about the importance of fighting these bad bills — we have some great news to report. 

Anti-solar and pro-nuclear waste bills defeated

When the legislature’s Joint Corporations Committee considered gutting the state’s net-metering law — the statute that enables homeowners and small businesses to connect rooftop solar panels to the grid — the response from the public was swift. We’ve been in touch with hundreds of you who are passionate about protecting renewable energy options for Wyoming consumers, and supporting the small but growing in-state solar industry. After hundreds of messages were sent to the committee (more messages than the committee has received on any other topic this interim); after citizens gathered around the state to discuss these bills; and after four hours of public testimony in a packed meeting room, the committee voted not to advance either anti-solar bill forward. The Wyoming people spoke up, and the committee took the time to listen — that’s right, Wyoming people won. 

Strong, spirited public opposition was also a factor in defeating a proposal to store the nation’s high-level radioactive waste in Wyoming. This “zombie” bill reflected an idea has been considered repeatedly by decision-makers in the last several decades, and defeated each time — it’s been rejected by two different governors. Analysis also quickly revealed it would bring in only a few million dollars, while posing risks to Wyoming lands and people. Once again, Wyomingites of all stripes reached out to decision-makers and to their friends and neighbors, making it clear that the Wyoming public won’t allow our state to be turned into a nuclear waste dump. And at the Joint Minerals Committee meeting earlier in November, it was clear that the public response against this bill had been heard loud and clear: the bill’s original proponent withdrew the bill wholesale. 

We are grateful to the legislators on these committees for taking the time to listen — and then respond positively to — strong, unified public input against both proposals. The successful outcomes on these bills reflect the power of Wyoming citizen voices and input: when we say that your voice matters and makes a difference, this is why. 

Still on the horizon: legislative takeover of wildlife migration management 

Unfortunately, not everything we have to share is good news. Despite strong public opposition against a Select Federal Natural Resource Management Committee bill that would derail conservation of wildlife migration corridors, the committee elected to move this bad bill forward. Stakeholders ranging from agriculture and county governments to sportsmen and conservation groups weighed in to raise concerns — both in advance and in the meeting room. A Game and Fish Commissioner objected to the idea that anyone but the Game and Fish has the authority to designate habitat, while the governor’s policy advisor said the timing for the legislation was problematic given the pending migration corridor executive order that Gov. Gordon will issue. But the committee refused to take a step back. 

That said, the public continued to make a big impression: the committee readily acknowledged that Wyoming people are incredibly invested in protecting wildlife and the landscapes that support them, and referenced the immense amount of contact they’ve received on this issue. Though the committee made some attempts to make the bill look more palatable, it remains a dangerous, anti-wildlife, and anti-science proposition. We’ll need your help to make sure this bill doesn’t move forward in Cheyenne in 2020, and that the Governor’s executive order is strong and will be successfully implemented. 

As always, thank you for all that you do to fight for good conservation policy for Wyoming. Your voice is critical — and it matters. Please stay tuned as we move toward this year’s session … we’ll need your help again! 

Field Notes


This chaotic and rogue legislative interim requires citizen voices!

Posted on by Kristen Gunther
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Over the last several months, we’ve been hearing from many of you who are frustrated that the Legislature has been unusually difficult to keep up with. We hear you. Here at the Wyoming Outdoor Council, we, too, have been struggling to deal with legislative committees’ lack of transparency, last-minute additions to meeting agendas, information gaps, and problematic interventions into other branches of government. We will be advocating for increased transparency and accountability in the coming months.

The chaos of this interim demands, more than usual, a high level of public attention and participation. That means that you’ll be hearing from us frequently in the coming weeks as we work to combat a few very bad ideas with major ramifications for Wyoming.

Here’s an overview of some of the upcoming bad draft bills we need to defeat:

Political interference in wildlife migration corridor management

Over the summer, the Outdoor Council tracked and provided feedback to the governor’s Wildlife Migration Advisory Group. All stakeholders were at the table, including the oil and gas industry. The group’s hard work, collaboration, and good-faith negotiation resulted in full stakeholder consensus on a proposed state-level solution that will protect Wyoming’s most critical wildlife habitat, create balance among uses, and support the Wyoming Game and Fish Department. On the recommendation of this group, the governor will be drafting an executive order concerning migration corridors, an important step for protecting the future of our big game herds.

This should have been the beginning of a new chapter for wildlife migrations, with big game corridor management now guided by a citizen-backed state process designed to meet all needs. 

Instead, seemingly out of the blue, the Select Federal Natural Resource Management committee suddenly decided to take on the topic of big game migration. They’ve now drafted a bill that undermines science, the authority of the Game and Fish, and the entire North American Model of Wildlife Conservation. Most importantly, it poses a direct threat to the vital habitat that keeps our big game populations alive. 

Why did this happen? How was a process started by the governor suddenly undercut by the Legislature? The oil and gas industry presented its point of view to the governor’s advisory group multiple times — and received everything it asked for — but apparently, the industry wants more. Specifically, it’s clear that they don’t want to be required to mitigate their impacts to migration corridors. So rather than work in good faith with the rest of the stakeholders, industry voices have ignored recommendations that their representatives agreed to and asked the Legislature to intervene. 

Unfortunately, lawmakers are listening. The resulting bill would let oil and gas call the shots and would undo years of important collaborative work on migration corridor identification and protections. Rather than let science and thoughtful public input guide wildlife management, this disastrous bill would cede wildlife authority to inappropriate agencies (e.g. the Department of Revenue) and undermine the governor’s commitment to sensible, compromise solutions. It’s an egregious overreach, and it’s just plain wrong. 

Simply put, it’s the job of the Wyoming Game and Fish Department — not politicians — to interpret the science and manage our wildlife. We need to let this committee know that. 
If you have an interest in supporting migration corridors, please watch your inbox. The committee will meet on Wednesday, October 23 in Casper, and members of the public are encouraged to attend and comment.

Zombie nuclear waste proposals return to Wyoming

Nuclear waste was another topic not publicly vetted for the interim. But sometimes, bad ideas take on a life of their own (or rise from the dead). If you were surprised to see this issue resurface after being vetoed by Wyomingites repeatedly over the decades…well, we were, too.

As many of you have read, a special subcommittee of the Joint Minerals committee met last month to discuss whether Wyoming should consider storing spent fuel rods (high-level radioactive waste) in our state. This is an idea that has been proposed and shot down more than once; two different Wyoming governors have vetoed it. Storing nuclear waste poses many practical and logistical threats to Wyoming, and wouldn’t even generate the amount of money legislators hoped. We find it unacceptable that the Legislature chose to consider such a controversial topic without proper public vetting. 

For more details, check out our fact sheet on nuclear waste storage — and learn why it’s (still) a terrible idea for Wyoming. The Minerals committee will consider this topic at their upcoming meeting on November 5 in Casper, and we’ll send an alert to our members to remind you of this opportunity for public comment.

Killing off rooftop solar in Wyoming?

Last year, Wyoming’s House of Representatives passed a bill that the Outdoor Council (alongside partner organization Powder River Basin Resource Council) worked to advance, which would have supported expanded opportunities for rooftop solar arrays. Unfortunately, the bill hit a brick wall in the Senate, where it was considered a threat to coal-fired power plants. However, the Legislature decided to take on rooftop solar as an interim topic.

The Corporations committee’s work on this issue took a destructive turn when opponents of small solar used the discussion as an opportunity to make our current laws more hostile toward solar. The committee is now considering two draft bills that would effectively gut solar opportunities in Wyoming — damaging a growing industry, killing jobs, and reducing the ability of consumers to choose how they want to power their homes. 

We’ll be reaching out to you prior to the final Corporations meeting, which is scheduled for November 18–19 in Cheyenne, to let you know how you can speak up for renewable energy choices for Wyoming consumers. 

Final thoughts

These are only three of the many issues that citizens have struggled with during the legislative interim. Overall, many of us have been dismayed at the flood of last-minute decisions and lack of transparency we’ve seen, including left-field attacks on local conservation and community planning efforts, changes in meeting locations and topics, and sometimes late circulation of meeting materials. 

But we’ll continue working hard to bring you the information that you need to stay informed and engaged. The Outdoor Council is committed to advocating that our state legislature work in the public eye and for the public interest of Wyomingites. We believe that together we can achieve important policy victories that secure a strong, conservation-focused future for Wyoming — and defeat bad ideas that threaten our shared heritage and love of the outdoors. 

Thank you for being an important partner in this work, and stay tuned to learn more about opportunities to ensure we can move forward together, instead of doubling down on the bad ideas of the past. 

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