The state’s newest legislation (HB0141) announcing a strong position in favor of fossil fuel development specifies new rules for companies that want to lease state land for fossil fuel development, while now prohibiting ‘without limitation’, conservation groups from bidding on leases – which, as of 2010, eliminated even verbal bidding, and since July now eliminates the option for land to be purchased and protected for all.

Key Provisions of the New Law:

Proof of Financial and Technical Capability: Companies will now have to prove how robust they are financially and technically, even before they are able to bid for leases.

Stricter Scrutiny of Lease Applications: The Board of Land Commissioners (a special body to oversee the programme above) will have to check the bidders more thoroughly before approving them – in particular, their planned development programmes.

The Law’s Impact on Conservation Efforts:

The ostensible objective of the new law is to ‘encourage responsible development and conservation of state resources’ but critics say it tilts the process further in favour of the oil and gas industry, while excluding conservation interests. By prohibiting conservation groups from bidding on leases, the state has as good as eliminated a place for conservation at the table – the only potential avenue for preserving land before it is destroyed by drilling, fracking and the construction of pipelines and roads. Wyoming conservations are up in arms.

Industry Response:

So far, the oil and gas industry has generally greeted the new law with positive reviews; at a minimum they see it as a necessary evil to make sure only qualified companies with the capital to operate in a safe and environmentally appropriate manner can obtain leases. Some layworriers, however, worry about new red tape and the possibility that the new requirements could reduce the introduction of smaller players in the state’s energy sector.

Looking Ahead:

Under the new law, it is now up to the Board of Land Commissioners to devise precise rules for implementation and enforcement. Indeed, the ‘nooks and crannies’ law itself is still a work in progress even after being signed into law, and will no doubt be watched closely by industry reps and environmental groups to see how it is carried out on the ground.

It’s a matter of public land, which is why the debate about what to do with Wyoming’s legacy will continue to rage, with strong opinions falling on both sides of the question. Though it has seemed for some time that the ‘development’ faction had the upper hand in the state government, conservation and preservation advocates’ voices have become louder. Ultimately, though, only time will tell how this struggle will play out, and both sides are risking much in their efforts to re-define Wyoming for what comes next.

©️ The Rocky Mountain Dispatch LLC. 2024