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Bringing oil and gas leasing policies into the 21st century

THE YEAR 1988 FEELS LIKE A LIFETIME AGO. At the time, the Berlin Wall was still standing, over a million acres in the Greater Yellowstone burned to the ground, and the legal drinking age in Wyoming was 19. It was also the last time the Bureau of Land Management updated the rules that govern its oil and gas leasing program. That’s 35 years without major revisions — which has resulted in an outdated program that threatens the agency’s ability to manage public lands in a way that protects all the uses, including conservation and wildlife values. Thankfully, in July 2023, the BLM took the first steps to change that, publishing a new draft rule to bring its oil and gas leasing program into the 21st century. The rule includes timely improvements that will benefit our public lands and the people of Wyoming in several ways.

The first change is an issue that is close to my heart as the Outdoor Council’s wildlife and public lands advocate. The draft rule takes strides to steer leasing away from lands with little to no potential for oil and gas so that places with important habitat and recreational values can be better managed for those resources. Here in Wyoming, we are blessed with some of the greatest wildlife habitat, blue ribbon fisheries, and untrammeled open spaces in the lower 48. Many of us who live here rely on this surrounding bounty and wouldn’t have it any other way. Unfortunately, when parcels of public lands are proposed for leasing without taking their actual energy potential into account, it allows land speculators to tie up these lands for years, making it difficult for the BLM to manage for other uses, including habitat conservation and recreation. 

For example, areas surrounding Seedskadee National Wildlife Refuge and much of the Red Desert are beset with leases on lands with little to no potential for oil and gas development. Both places have phenomenal value for wildlife and recreationists alike, supporting large herds of ungulates, dense populations of Greater sage-grouse, and opportunities for solitude undreamed of in most of the country. By using new criteria that favor leasing land close to existing development and deprioritizing land with important natural and cultural resources, the new rule better equips the BLM to protect the qualities that make Seedskadee, the Red Desert, and other public lands exceptional.

By using new criteria that favor leasing land close to existing development and deprioritizing land with important natural and cultural resources, the new rule better equips the BLM to protect the qualities that make Seedskadee, the Red Desert, and other public lands exceptional.

In parts of Wyoming where oil and gas leasing and drilling does occur, the new rule would better protect taxpayers and ensure companies pay to clean up after themselves when operations cease. Importantly, the new rule raises federal bonding rates for the first time in decades. At current rates, it’s cheaper for companies to walk away and forfeit the money they put down on a bond rather than plug and reclaim wells. Updated bond rates in the new rule would help quash the orphaned well crisis, protecting the public and promoting landscape health. Moreover, the new rates set forth match those Wyoming has had in place for years to drill on state-owned lands, demonstrating that oil and gas companies can afford to pony up adequate funds for clean-up as part of the cost of doing business.

The new rule would also help Wyoming taxpayers receive a fair return on development taking place on our public lands by modernizing royalty rates, rental rates, and filing fees to reflect the economic realities of today. A 2019 analysis conducted by Taxpayers for Common Sense found that taxpayers lost an estimated $120 million in rental revenue between FY2010 and FY2019 from oil and gas leasing on federal lands in Wyoming, due to previously outdated rental rates. If companies are going to reap the rewards of drilling for oil and gas on public lands, they should be compensating the public properly. The new rule, with provisions to increase royalty rates from 12.5% to 16.67%, will ensure just that.

We all know that oil and gas development plays an important role in Wyoming’s economy and is one of the many uses the BLM manages for on our public lands. Given that, it is gratifying to see the agency moving forward with common-sense reforms that better serve the public and the lands it manages. We have a lot to protect in Wyoming — this draft rule helps us take another step in the right direction.

When it comes to the BLM’s oil and gas program, it’s high time we leave the 1980s behind.

Show your support for the new rule by submitting a public comment to the agency ahead of the September 22 deadline.

“Last of the Wild” premieres April 22 in Riverton

Even if you’ve never visited, Wyoming’s Red Desert has a story to tell.

Now, Last of the Wild brings the Red Desert to the big screen.

The public is invited to the premiere of this short documentary 5 p.m. Saturday, April 22, at the Central Wyoming College Robert A. Peck Arts Center. The event is free and includes a brief panel discussion and a reception with food, drinks, and music.

Last of the Wild examines the Indigenous cultural and historic significance of the Red Desert, highlights the need for us to be responsible stewards of these lands and the wildlife they support, and makes it clear that this iconic landscape is a national treasure.

Through the unique perspectives of tribal members, wildlife experts, outdoor enthusiasts, and others who are deeply connected to the desert, this film is a visually stunning journey that weaves together the connection between people and the land. While exploring these relationships — and showcasing the vast beauty of the Red Desert — Last of the Wild offers a path to safeguard these lands for future generations.

LAST OF THE WILD premiere

5 p.m. Saturday, April 22
Central Wyoming College Robert A. Peck Arts Center
2660 Peck Ave., Riverton, WY 82501

Reception to follow
Free and open to the public!

Last of the Wild is directed by Lander filmmaker Kirk Rasmussen and produced by the Wyoming Outdoor Council, Indigenous Land Alliance of Wyoming, and Topographic Media.

The April 22 premiere is made possible by a grant from Wyoming Humanities. Yufna Soldier Wolf will moderate a panel discussion with Jason Baldes, Mary Headley, and Wes Martel.

For the complete schedule of film screenings happening around Wyoming, visit www.wyomingoutdoorcouncil.org/last-of-the-wild.

It’s time to enact the oil and gas leasing reforms called for by Congress

On Monday, Feb. 27, 2023, the Wyoming Outdoor Council joined a number of organizations in calling on the Secretary of the Interior to enact long-overdue oil and gas leasing reforms that were put forward by Congress as part of the Inflation Reduction Act. Finalizing these reforms will protect taxpayers from footing the bill for cleaning up drilling sites, protect wildlife habitat and areas with cultural and historic value, and stop “over-the-counter” noncompetitive lease sales at bargain basement rates.

Pay your way

Bond amounts required to cover clean-up costs for drilling on federal land have not been updated in more than 60 years. The Office of Government Accountability reported in 2019 that 84% of bonds, representing 99.5% of wells on Bureau of Land Management lands, would be insufficient to cover the cost of reclamation even in low-cost scenarios. Oil and gas companies can afford to pay the full costs of properly plugging and reclaiming wells sites and owe it to taxpayers to do so.

No ad hoc nominations

At present, the BLM’s “informal” nomination process allows any company to put forward any parcel of public land for leasing, regardless of the land’s potential to produce oil and gas or how valuable the land is for cultural resources and wildlife. Shifting to a “formal” nomination process could require strategic identification of which lands to make available for nomination ahead of time, upholding the agency’s charge to manage for multiple uses and protecting parcels with high cultural and conservation values.

Identify conflicts ASAP

Under a “formal” nomination process, there could be screens to identify conflicts with other uses, resources, and potential returns to taxpayers. Setting up routine screening with nationwide and state-specific criteria at the outset of the lease sale process would help the BLM identify which lands to lease.

No freebies

The Inflation Reduction Act did away with noncompetitive leasing, which for decades had allowed companies to pay rock bottom prices to lease public lands that did not receive bids at auction. Despite this, the recent Draft Environmental Assessment for the BLM Wyoming Second Quarter 2023 Federal Oil and Gas Lease Sale included a provision stating noncompetitive leasing would be allowed. Formal revisions to BLM regulations would put a clear end to noncompetitive leasing and create consistency among BLM offices and projects.

Keep up the pressure to save our sagebrush

The Bureau of Land Management rang in the new year with a bang and has cued up a public comment doubleheader for two upcoming oil and gas lease sales. I hope you’ll take advantage of this opportunity to share your views on both sales with the BLM in one fell swoop!

First up, the newly proposed September lease sale would open more than 95,000 acres of public land to oil and gas development, 20 percent of which overlaps priority sage-grouse habitat. With sagebrush habitat in freefall, and ongoing sage-grouse population declines, we should be shoring up the best remaining sage-grouse habitat, not leasing it out for industrial development. Also of concern is a parcel directly adjacent to, and possibly overlapping, two Wilderness Study Areas (Alkali Basin/East Sand Dune and Red Lake) and 19 parcels in crucial winter range for mule deer, pronghorn, and elk.

COMMENT ON THE SEPTEMBER SALE

I do have some good news to share: Thanks in part to public comments from people like you, the BLM issued an Environmental Assessment that could remove 80,000 acres of public land from the June lease sale, much of which was also in priority sage-grouse habitat. Now is the time to let the BLM know that we are in favor of these deferrals. That said, dozens of parcels are still being offered in priority sage-grouse habitat along with three parcels in Wyoming’s officially designated Baggs mule deer migration corridor. I encourage you to speak up on behalf of these conservation values on our public lands.

COMMENT ON THE JUNE SALE

Your comments can be brief and highlight your own personal connection to the wildlife and landscapes in question. You may also want to highlight that:

  • The BLM has made previous commitments to avoid new surface disturbance in high priority habitat, yet both proposed sales include parcels that lie within this core sage-grouse habitat.
  • Across the West, we are losing 1.3 million acres of sagebrush habitat annually and the primary threat to sagebrush in Wyoming is development. Protecting core, healthy tracts of sagebrush habitat from disturbance is crucial to the ecosystem and benefits many other species of wildlife that depend on sagebrush.
  • More than 8 million acres of public lands in Wyoming are already leased to oil and gas companies, with 4.2 million acres sitting idle and undeveloped. Companies have ample opportunity for drilling without the BLM leasing additional parcels.

Comments on the September sale are due Jan. 19, and comments for the June sale are due Jan. 23.

Thank you for your commitment to the lands and wildlife that sustain us all!

Action alert: Insist the BLM safeguard sage-grouse habitat in Wyoming

The Bureau of Land Management has announced plans to lease more than 250,000 acres of public lands in Wyoming for oil and gas development in the beginning of 2023. Sage-grouse habitat is impacted on nearly every acre of the proposed lease sale. 

Greater sage-grouse have declined across their range by 80% since 1965, and habitat loss is a significant driver in those declines. We are losing sagebrush habitat at a rate of 1.3 million acres a year throughout the West, but Wyoming is a bright spot, retaining more intact sagebrush habitat than any other state in the union. Wyoming has a valuable role to play in preserving sage-grouse populations and the sagebrush ecosystem by shoring up our remaining stretches of healthy habitat. 

SUBMIT A PUBLIC COMMENT

We at the Wyoming Outdoor Council believe the BLM should, at minimum, remove all parcels encompassing “priority” or “core” sage-grouse habitat from this sale — although offering any parcels within “general” sage-grouse habitat is also ill-advised. The development that we allow in Wyoming has far-reaching implications for the persistence of sage-grouse nationally, and staving off an Endangered Species Act listing depends on providing these birds the space they need on the landscape. Given the downward trajectory of sage-grouse numbers, we should not be offering up sage-grouse habitat for industrial development. 

The BLM is accepting public scoping comments until Nov. 7 to identify issues that should be addressed in the agency’s environmental review. If you have a moment, send a brief, personal message to the BLM asking that sage-grouse core areas be removed from the sale. Sharing your concerns with the sale, and your personal connection to the wildlife and landscapes that will be affected, can help influence the agency to take conservation values into account. 

In your comments, you may want to highlight that:

  • The vast majority of the proposed lease sale falls in sage-grouse habitat (205 out of 209 parcels). The BLM has made previous commitments to avoid new surface disturbance in high priority habitat, yet 70 of the parcels lie within this core sage-grouse habitat. 
  • Across the West, we are losing 1.3 million acres of sagebrush habitat annually and the primary threat to sagebrush in Wyoming is development. Protecting core, healthy tracts of sagebrush habitat from disturbance is crucial to the ecosystem and benefits numerous other species of wildlife that depend on sagebrush.
  • More than 8 million acres of public lands in Wyoming are already leased to oil and gas companies, with 4.2 million acres sitting idle and undeveloped. Companies have ample opportunity for drilling without the BLM leasing additional parcels. 

Thank you for taking the time to be a champion for our wild species and wild places. If you have questions, please reach out to Meghan Riley, the Outdoor Council’s public lands and wildlife advocate. 

SUBMIT A PUBLIC COMMENT

Scenes from Run the Red and Wyoming Public Lands Day 2022

The eighth annual Run the Red trail race took off from South Pass City Saturday, Sept. 24, 2022 celebrating Wyoming Public Lands day with a testament to our incredible public lands. Over 260 runners — the most in the history of the event — stepped up to the challenge, venturing into the vast and beautiful Red Desert to tackle either the half marathon, 50K or grueling 100K distances.

Together with co-sponsors Wyoming Wilderness Association and National Outdoor Leadership School, the Wyoming Outdoor Council has anchored conservation into the character of this nationally recognized trail race: all participants supported Citizens for the Red Desert with a small donation or participated in a volunteer stewardship project at South Pass. Special thanks to WOC engagement coordinator Kyle Elmquist, our partners, and everyone who volunteered to make the day memorable!

Photos courtesy of our race directors at Everlong Endurance.

Q&A with Kara Choquette, Wyoming Energy Authority

Kara Choquette is director of communications and government relations for wind energy developer Power Company of Wyoming, as well as the TransWest Express transmission line project. Earlier this year, she joined the board of the Wyoming Energy Authority. She shared her thoughts about the Energy Authority and the role of renewable energy in Wyoming’s future in a quick Q&A with the Outdoor Council.

Share a little about your background, and your experience in the energy industry. What motivates you to work in the energy sector in Wyoming, and how did that lead you to serve on the board of the WEA?

I’ve been working directly in the renewable energy space since 2009. That’s when I joined a company that is developing the nation’s largest single wind power project, in Carbon County, Wyoming, and is also developing a major new interregional electricity transmission line for Wyoming. It was a natural career transition for me and a compelling opportunity after spending over a decade working in the technology and water industries – which each include important energy-related aspects. I liked the fact that wind turbines create electricity without requiring any water. Having grown up on a family farm/ranch, I wanted to help bring more kinds of good-paying, stable, family-supporting jobs to a rural area. And I liked that wind energy is compatible with agricultural operations and multiple environmental objectives.


I’ve been an active participant in some manner with the Wyoming Energy Authority and with one of its predecessors, the Wyoming Infrastructure Authority, since 2009. Recently, I’ve been part of two multi-stakeholder state groups – the governor’s Platte Valley Mule Deer Local Area Working Group, and the University of Wyoming-led Renewable Energy Siting Collaborative. I was honored to join the WEA board because the WEA is at the forefront of “all things energy,” in the nation’s top Energy State, during a fascinating period of energy opportunity and evolution.

How do you see renewable energy fitting into the future of Wyoming’s economy and way of life?

To me, renewable energy is entirely consistent with Wyoming’s pioneering and pathfinding DNA. Wyoming’s history is filled with so many stories about developing new trails, exploring diverse opportunities, and responding creatively and decisively to changing markets and conditions. Renewable energy also can help maintain Wyoming’s longstanding leadership as an energy producer and exporter. The completion of the Union Pacific Railroad in 1869 opened up new access to new markets for otherwise-stranded resources in Wyoming, such as coal produced from Wyoming’s original coal-mining county (Carbon County). Similarly, new high-voltage interregional transmission lines will open up access to new markets for otherwise-stranded clean electricity resources in Wyoming. The state does not have in-state demand for all of the abundant mineral and non-mineral resources it can provide. When new non-mineral power plants can compete and can secure customers out-of-state, that will create more new energy jobs and new sources of energy revenues in-state.

What are your hopes for your time with the Wyoming Energy Authority? What would you like to see WEA achieve?

The Wyoming Energy Authority is a relatively new entity, created by the state in 2019 (via Senate File 37). The WEA’s primary purpose is straightforward: “diversify and expand the Wyoming economy through improvements in the state’s electric and energy transmission infrastructure and facilitate Wyoming’s production, development and transmission of energy and associated natural resources.” I would like to be part of the WEA continuing to grow and achieve its purpose, especially in areas related to the clean energy technologies that are increasingly in demand today and in the near future. I hope to add value by bringing diverse expertise specifically in the renewable energy sector, and an enthusiasm for other important energy aspects like energy efficiency. The WEA is fortunate to have an outstanding executive director, smart and dedicated staff, and top mineral and non-mineral energy experts who have been on the board since its inception; I’m glad to be part of this team.

A Message from the Director

Advocating for conservation in Wyoming is demanding work, both for the Wyoming Outdoor Council’s staff and for passionate members like you. Not only are there more issues than we can possibly address as a small organization in a geographically large state, but for people with big hearts and a love for the wild, open spaces of Wyoming, the outcomes are personal. 

We don’t always win. When we do find success, as frequent as it may be, it’s often in the form of a quiet victory or incremental change. The forces working against us — whether it’s government inertia or downright hostile opposition from other stakeholders — can often feel overwhelming. 

But we aren’t in this alone. After all, we have each other. 

Poll after poll shows that the vast majority of our fellow Wyomingites — even if they don’t consider themselves “conservationists” — value public lands, wide open spaces, wildlife, clean air, and clean water. Our challenge is to meet people where they are and attempt to find common ground. The more we make these connections, value multiple perspectives, and seek input from a diversity of people outside of our organization in Wyoming and beyond, the more likely we are to succeed in our mission.

However difficult it may be, an honest and respectful conversation with a person who disagrees with our position does more good than assuming we have all the answers. 

Everything we hope to accomplish depends on relationships. Wyoming is a state where a small group of thoughtful, committed citizens can seek creative solutions to tough problems and make a difference. And, as you’ll read in the coming pages, positive things can happen when a group of people with diverse perspectives put their heads together around an issue of mutual concern instead of staying in their own camps. 

Everything we hope to accomplish depends on relationships. Wyoming is a state where a small group of thoughtful, committed citizens can seek creative solutions to tough problems and make a difference.

Thank you for being part of the Outdoor Council community in 2022. I take comfort in knowing, despite the obstacles and the slow pace of change, we’re all in this together. I hope you’ll remember that as well. 

Everything in its Place

EVERYTHING IN ITS PLACE

How do we make sure the coming boom in renewable energy
isn’t a bust for our wildlife and public lands? 

This story, like much of the good work that happens in Lander, began as a meeting over coffee at the Lander Bake Shop. Staff from several conservation groups, including the Wyoming Outdoor Council, had gathered to look at GPS tracking collar data from pronghorn around Sweetwater Solar, Wyoming’s first large-scale solar project on public land.

 The map of the pronghorn’s movement was infuriating — the 700-acre solar development had been placed right in the middle of crucial winter habitat. Fences surrounding the project had funneled many of the animals onto Highway 372 north of the city of Green River, creating hazards for both wildlife and drivers. The impacts of the Sweetwater Solar project on pronghorn were completely predictable and avoidable. But aside from a brief Environmental Assessment required by the Bureau of Land Management, there was little in the existing permitting process to direct the developers to a better location where wildlife conflicts could have been avoided. 

What became clear in that meeting and in subsequent discussions was that the Sweetwater Solar project was likely a harbinger of what’s to come in the next decade as the cost of developing solar and wind energy continues to fall dramatically. 

The expected boom in renewable energy puts advocates for conservation in Wyoming in a challenging spot. We understand the dire importance of transitioning to cleaner energy sources, and at the same time recognize the significant development footprint that utility-scale renewables can have on Wyoming’s wildlife and open spaces. The question and dilemma on many of our minds is this: How does Wyoming decarbonize its electricity production while not sacrificing the crucial wildlife habitat and open space that make it so unique? 

As with many of the challenges our state faces, there is no silver bullet to solve this problem, but common sense and science both tell us that focusing our efforts on responsible siting and permitting processes for renewables is the logical place to start. That’s exactly what WOC tried to do with its effort to jumpstart the Wyoming Renewable Energy Siting Collaborative. 

As with many of the challenges our state faces, there is no silver bullet to solve this problem, but common sense and science both tell us that focusing our efforts on responsible siting and permitting processes for renewables is the logical place to start.

After the 2020 legislative session, WOC started reaching out to stakeholders around the state to understand the perception of renewable energy and ways we might be able to improve our siting and permitting policies. We worked closely with faculty at the University of Wyoming to convene a group of policy thinkers representing conservation, industry, local government, landowners, and independent consultants to explore opportunities for the state to improve how renewable energy is sited. 

During 2021 this group met nine times over Zoom to discuss issues related to renewable energy in Wyoming, including tax policy, federal and state revenue sharing, transmission development, supply chain manufacturing, and other topics. The group also learned from and consulted with experts from the Wyoming Industrial Siting Division, the Wyoming Game and Fish Department, and the Wyoming Wildlife and Natural Resource Trust. The group’s final recommendations were published in November 2021 and can be found on UW’s Ruckelshaus Institute website

These recommendations are a start. They form an important foundation for future policy and advocacy work, especially as our country moves to decarbonize electricity production and accelerate the growth of renewables. They also show that industry and conservation can work together to agree on important concepts moving forward. 

Some of the most important points of agreement in these recommendations address the need for more proactive planning for renewable development on public lands, the need for early and frequent consultation with the Wyoming Game and Fish Department to avoid wildlife conflicts, and the need to evaluate previously disturbed locations as places to site renewable energy. There is also strong agreement on the importance of public transparency and engagement as projects move forward so impacted citizens and communities have opportunities for meaningful input on project proposals. 

We know that more wind and solar energy is on the horizon, and the development of these resources will present historic challenges and opportunities for Wyoming. But as with all development, we must insist that this growth be done on our terms — in a responsible and measured way — that does not degrade and diminish the very things clean energy is supposed to protect. Holding that line will require leadership at the state level. It will also take collaborative efforts like the one that played out last year at the University of Wyoming — with the full spectrum of experts and advocates coming together with a shared goal of making sure future development is sited appropriately. We’ve already seen the impacts on wildlife when things go wrong. But done right, renewable energy development could be an asset, not a liability, to Wyoming’s environment and quality of life.

Tell the BLM to keep Wyoming wildlife habitat off the auction block

Tell the BLM to keep Wyoming wildlife habitat off the auction block

At the start of 2022, the federal government plans to lease more than 179,000 acres of public lands in Wyoming for oil and gas development.

While the Wyoming Outdoor Council appreciates that the Bureau of Land Management removed many parcels within “priority” or “core” sage-grouse habitat from this sale, most of the remaining parcels are still well within the imperiled bird’s range. Sage-grouse are in steep decline across the West, and the federal government is currently updating its management plans in an effort to prevent an Endangered Species Act listing. Until we have an updated strategy, based on the best available science, we should not be offering up sage-grouse habitat for industrial development.

The BLM is accepting public comment until Dec. 1. If you have a moment, please to send a brief, personal message to the BLM asking that sensitive wildlife habitat be removed from the sale.

SUBMIT A PUBLIC COMMENT

As you may know, lease sales were paused early this year so the Department of the Interior could conduct a review of the program because of fiscal waste and problems with accountability and transparency that the Government Accountability Office has flagged for decades. That review has still not been completed, but for the time being a federal judge has ordered leasing to resume.

The upcoming sale illustrates some of the faults with the current leasing system. It includes parcels adjacent to wilderness study areas, in some of our best wildlife habitat, and in areas that are highly prized for backcountry recreation and hunting — even though they’ve been shown to have low potential for ever producing oil and gas. The BLM did not meet its obligation to consult meaningfully with Tribes that have ancestral ties to the region. And the environmental review did not consider localized impacts of climate change, such as the effects on wildlife habitat, water resources, or wildfires.

Five million acres of public lands in Wyoming are leased for oil and gas but not yet developed. Clearly the industry has what it needs to continue business-as-usual drilling and production for many years to come, so let’s make sure our irreplaceable wildlife have the space they need to thrive.