SUMMER 2003

36 Years of Conservation Action R E P O R T East of Eden

by Mac Blewer parts of the Red Desert and the Wind Rivers,” Tom recalls. “And of course we went. From on top of ot too long ago, I visited WOC members Tom Steamboat Mountain you could see everything! The Dustin and his wife, Jane, at their campsite on Winds, the Wyoming Range, Oregon Buttes….But what Steamboat Mountain within the Red Desert, captured us the most beyond the magnificence of the whNere they were celebrating their 50th wedding desert was the combination of values that it had. Like anniversary. Parking my bedraggled Subaru near the no place on Earth! The Tri-Territorial Marker, the Sands, road, rapidly deflating tire and all, I hiked up the hill the Boar’s Tusk, the Oregon Trail, the wildlife…The Red where an inviting light glowed from within a shadowed Desert is as biblical and historic as the sacred places of aspen grove. the Middle East!” “Welcome me boy,” came a familiar laugh and slight- ly gruff voice from the trees. “Welcome to paradise, East The Young Activist of Eden.” Bear hugs all around. Tom and Jane accepted Born in 1923 in Weehawken, New Jersey, some of my proffered watermelon and white wine and we settled Tom’s earliest memories were of the walks that he and into a long night of stories, including my favorite — the his grandfather, Johann Distler, took through northern time that Tom was treed by a wild stallion not too far New Jersey’s lush woodlands and along its winding from here. streams. His first sense of outrage at environmental injustice was when developers cut down a neighbor- “Like No Place on Earth!” hood forest where he and his friends rode their bikes. Tom Dustin has been one of the most vocal propo- “We never got over that loss,” Tom says pensively. nents of Red Desert protection for nearly four decades. “The developers just took it away.” Currently the Environmental Affairs Adviser of the In 1950, after Tom had graduated from Iowa State Indiana Division of the Izaak Walton League, he first University with a degree in Technical Journalism, he visited the Red Desert in 1956, hiking up Steamboat married Jane McCullagh, a fellow student with a degree Mountain with his Wyoming friend Herb Pownall, at the in Farm Operations. Together they camped throughout recommendation of the late Dr. David Love. New York state, Wisconsin, and then, finally, the West, “Dr. Love told Herb about all of these wonderful which they have visited consistently since. Their favorite places in Wyoming that you wouldn’t normally go to, landscapes include the Bridger-Teton continued on page 3

Director’s Interview with Powder River Red Desert 20-23 2Message 4 the Governor 12 Basin 14 Campaign People INSIDE DIRECTOR’S MESSAGE

East of Eden continued from page 1 National Forest, the Upper Green River Valley and the Red Desert. Established in 1967, the Wyoming After moving to Fort Wayne, Indiana, Tom pursued a Outdoor Council (WOC) is the state’s oldest and largest independent statewide career in managing technical advertising accounts. He conservation organization. Our mission and Jane co-founded Acres Inc., a nonprofit land trust is to protect and enhance Wyoming’s that now owns and manages 45 dedicated nature pre- Emily Stevens’ environment by educating and involving serves in Indiana. They also teamed up to fight for the citizens and advocating environmentally protection of other areas in the state that they had visit- sound public policies and decisions. Lasting Legacy Frontline Report is the quarterlynews- ed and loved. letter of WOC and is provided as a bene- immensely honored by and thankful for this fit of membership. Letters to the editor Friends & Enemies remarkable bequest which provides us with an and articles by members are welcome. The first national campaign that Tom and Jane were For more information contact: WOC, unexpected and invaluable opportunity to fur- 262 Lincoln, Lander, WY 82520; (307) drawn into was the successful 1954 effort to protect ther strengthen WOC’s efforts to protect 332-7031 (phone), (307) 332-6899 (fax), Utah’s Dinosaur National Monument from being Wyoming’s unparalleled natural heritage. [email protected] dammed and flooded. Locally, Tom got involved with Emily’s gift ensures that her legacy will endure the Save the Dunes Council, which in 1966 successfully Board of Directors for year to come. passed Congressional legislation to protect 13,000 acres Nancy Debevoise, Lander These funds come to WOC at a time of President of land — coveted by the steel industry — as the Indiana unprecedented attacks on our environment Dunes National Lakeshore. Barbara Oakleaf, Lander along with a struggling economy that has Vice President “It took eight undivided years of my life, along with made funding our work challenging. We will Lorna Wilkes-Ruebelmann, Sheridan my equally radicalized colleagues to get even this use Emily’s bequest to boost our capacity and Treasurer much,” Tom recalls. “We lost some of the best of it, but Images of the Red Desert captured by Tom Dustin. Cover: Boar’s Tusk. Above: effectiveness, and to help ensure that WOC it was still worth every day of the struggle.” Molly Absolon, Lander Steamboat Mountain. Below: Oregon Buttes. remains a strong and enduring voice for the Secretary Since then, Tom and Jane have remained passionately conservation of Wyoming’s natural resources Tom Bell, Lander involved with local, regional and national environmen- and its citizens’ quality of life. Emeritus tal issues. Their efforts to enhance watershed protection is the stuff of wonder and of history. It is part of our While these funds provide us with an Joyce Evans, Saratoga in Indiana, especially for rivers such as the Wabash and heritage. And it is a matter of patriotism that we fight exciting opportunity to increase our capacity, Cherry Landen, Wheatland the Big Walnut, have gained them friends, allies, and, to protect it. It doesn’t matter if you’ve never been to a we must carefully consider a number of fac- Susan Lasher, Worland inevitably, some enemies, including many in the energy place before. I may never make it to Alaska, but I have tors to make sure that any future growth is Laurie Milford, Laramie industry. an obligation to protect it and to protect the choices effective and sustainable in the long-term. In “Mac, if you ever want to get someone off of your of people who may want to go there some day. We have Bob Mullen, Casper

aulkner Family photo an obligation to protect the Red Desert, the Bridger- F order to make the best use of Emily’s back for a year, burn their house down!” Tom wryly Barbara Parsons, Rawlins bequest, WOC board and staff will partici- jokes. In 1994, when he and Jane were off visiting their Teton National Forest and the Arctic National Wildlife pate in a facilitated strategic planning retreat Jim States, Saratoga son’s family in Oregon, vandals burned their house to Refuge. It’s always worth the fight! After all, there’s a early two years ago, former WOC in September. We all look forward to our Staff the ground. Although an insurance investigator blamed question of honor here! board member and long-time support- upcoming in-depth discussions and brain- Michele Barlow, Director the fire on a malfunctioning electric tool, another If we can’t protect this Tom Dustin may live in Indiana, Ner Emily Faulkner Stevens passed away. storming sessions about how we can strength- Environmental Quality & Justice investigator’s report confirmed that the fire had been part of the Red Desert, Emily served on our board for seven years, en WOC’s ability to successfully confront Mac Blewer deliberately set. then tell me what else bringing a quiet warmth and determined com- ever-increasing threats to Wyoming’s environ- Outreach Coordinator “We lost everything,” he says. “But we rebuilt is worth saving out but I dare say that he knows parts mitment to our conservation work. ment. Tom Darin, Director and got back many of our photos and paperwork from there?” Emily was an active outdoorswoman who We also anticipate allocating a substantial Public Lands and Resources good friends. We don’t spend too much time thinking As I look back on of the Red Desert better than 99% reveled in the beauty, power and richness of portion of the bequest to our endowment, Dan Heilig about it.” my days spent with the Executive Director Wyoming’s wild landscapes, clean water and helping ensure WOC’s long-term future and Dustins in the Red Bonnie Hof bauer of Wyoming residents do. clear skies, and worked tirelessly to protect Emily’s lasting legacy. Office Manager Patriotic Obligations Desert, rambling our state’s environment for present and future Finally, I am grateful to you and other Tom’s indefatigable dedication to environmental pro- around Essex Mountain and Steamboat Rim and watch- Steve Jones generations. WOC members for your active commitment Wa tershed Protection Program Attorney tection has obviously remained unwavering through the ing northern harriers soaring over sagebrush draws, I This year, we learned that her great gen- to our work and your critical support for our Christine Lichtenfels years. When I ask him about the future of the Red am grateful for their friendship and for the choices they erosity to WOC extended beyond her life. day-to-day efforts to defend Wyoming’s Associate Director Desert and the environment, Tom replies, “This scenery have made in their own lives. Tom Dustin may live in Emily has bequeathed WOC an extraordinary wildlife, wildlands, environment and quality Lisa Dardy McGee Indiana, but I dare say that he knows parts of the Red gift of more than $600,000. We are of life. Thank You! Legal Intern Desert better than 99% of Wyoming residents do. His Meredith Taylor, love for the desert is undying, and his courage undeni- Field Office Director Greater Yellowstone Program able. Without Red Desert warriors like Tom and Jane, the Red Desert campaign would have long ago been Tova Woyciechowicz Community Organizer brought to a standstill. “I have enough strength left for a few more fights,” Tom laughs. “Just enough fight in me to keep those bastards out of a few last areas. Remember, there’s no Nancy Debevoise, Editor sin in losing, but there is in not trying!” Anne Austin, Designer !

2 Frontline Report Wyoming Outdoor Council Summer 2003 Summer 2003 Wyoming Outdoor Council Frontline Report 3 ISSUES UPDATE

Q: What do you see as the greatest environmental that you are going to get an answer. That is not challenge facing the state? necessarily so. This stuff revolves around what the public A: It seems to me that we have de-emphasized decides they want, because the process is one and marginalized environmental concerns as a that requires legislation or funding or voluntary state matter. Right now these concerns tend to compliance or at least support for mandatory An Interview with be dictated by the federal government. I think compliance. I think the groups need to not the largest issue we confront is establishing or only communicate with elected officials, but re-establishing, as a matter of state policy and they need to communicate more with the Governor Freudenthal state conversation, that environmental and quali- public in ways that make these issues important ty-of-life concerns must be given every bit as to the public. much weight as other concerns. Q: How do you think the health of the state’s Q: Can you give an example? wildlife is? ful and cautious. But his overall message Q: Given our basic tax structure and our seemed to be that he cared about how reliance on minerals as a source of revenues A: If you listen to the conversation around A: Not as good as I would like. I’d say, C to C Wyoming residents felt and that he is for the state, it seems as if we may have set up coalbed methane development, or around minus. Again, part of the problem is drought working to better understand these an inherent conflict between extractive almost any economic development proposal for conditions, part of it is changes in land-use pat- sentiments before he makes any major industries and people moving here for the that matter, we appear to be only interested in terns and part of it is driven I think — I’d have policy decisions. state’s environmental attractions. Do you see the tax revenues. to defer to the experts here — but I believe part a conflict? of it is also driven by the fact that an awful lot Molly Absolon: How does the environment Q: “We” meaning the state? of the pristine areas are getting broken into by fit into your vision for Wyoming’s future? A: We certainly don’t capture much value non-open space use, if that’s a diplomatic way by Molly Absolon from these people in return for the ser- A:Yes, both the state and its citizens. to say this. Jeff Vanuga Governor Freudenthal: Well I think it vices they receive. We talk about tax revenues and jobs. There is t has been six months since Dave is related to two things. One is, I think the not an equal amount of discussion about what Freudenthal was sworn in as governor physical environment accounts for the rea- the environmental or quality-of-life conse- Environmental and quality-of-life Iof Wyoming. Although the state has son that an awful lot of people live here. quences of a given decision will be. And I had Democratic governors for 20 of the Wyoming’s environment creates our quali- think that starts us with a slightly skewed concerns must be given every bit last 28 years, Freudenthal’s election still ty of life. It may also turn out, in the long view of things when we begin evaluating came as a surprise, considering the politi- run, to be one of Wyoming’s most signifi- options and alternatives. as much weight as other concerns. cal climate both in Wyoming and across cant marketable assets. I believe more and the rest of the country. more people are going to be attracted to Q: Who do you rely on to give you advice on Conservationists saw his victory as Wyoming as a place to live. But to live environmental issues? Q: I read the article you wrote during the the one bright spot on an otherwise here, they have to figure out how to make campaign for Wyoming Wildlife and it said that dark election day. But their optimism is a living or figure out how they can bring A: As a matter of course, I don’t have a pub- you had a plan for the management of Wyoming’s beginning to falter. After six months, work to Wyoming. Jeff Vanuga licly identifiable list of advisors on anything, I wildlife. What is that plan? little has happened in the state to indicate One of the problems that we are take advice from everybody. You aren’t going to that Freudenthal deserves the label envi- having is figuring out the economic Q: Generally speaking do you believe walk me into that question, but I don’t blame A: A lot of it revolves around finding additional ronmentalist — or that he would even value of the environment. Outside of Wyoming’s environment has improved or you for trying. sources of funding for Wyoming Game and Fish. want it. tourism, hunting and those kinds of deteriorated in the past ten years? The things that I suspected and heard while I The questions about Freudenthal stem things that people talk about generally, Q: Okay, well, with that in mind, what role was in the campaign was that the financial foot- less from any specific action than from his you hear and run into an awful lot of A: If you look at the numbers on the air do you see for nonprofit advocacy groups like ing for Game and Fish and the demands that are inaction. Little has changed in state policy people who’ve moved here for lifestyle quality side, we are probably not in as WOC, but also like the Wyoming Stock on it are such that the agency’s ability to actual- since January to indicate that conserva- and environmental-quality reasons, but good a shape as we were ten years ago. I Growers Association or the Petroleum ly manage wildlife, particularly animals other tionists’ optimism was warranted. Oil and because of the way our tax structure is, don’t know if the stuff originates in Association of Wyoming? than game species, is really compromised. gas projects continue to be approved and we don’t have a way to count them. Wyoming or what the cause of it is, but air The thing I’m most distressed about is that I developed at a breakneck pace with little They move into a community, you hear quality isn’t where it should be. I don’t A: I certainly meet and talk to all of them. But had hoped we could start looking at some form guidance from the governor’s office. about them or you might run into them, have any empirical info on water quality I think they have a broader role. I think they of this wildlife trust fund immediately, but it This lack of guidance has frustrated but it is not like a coal mine. They don’t and on the quality of the land, but anec- need to communicate with a much greater appears to me that school-facility construction interest groups that expected Freudenthal have to get a business permit to work in dotal evidence seems to suggest that in statewide audience and not just with the gov- funding is going to drive that off the table, at to hit the ground running. What is becom- the state if they are doing financial con- some places there have been improve- ernment. People pretend that if you talk to the least for the near term. Which means that the ing increasingly apparent is that the gover- sulting, or they are manipulating data that ments, particularly in areas where there governor, everything is going to get solved or linchpin of my plan for making more resources nor is in an information-gathering stage. comes in from out of state, so the mea- have been conservation easements or available to Game and Fish for planning and for He’s hard to pin down on any subject, but surement of their impact on the state’s habitat programs put into place. taking care of species and habitat questions he is open in ways that Governor Geringer economy has proven to be very difficult. Sportsmen would contend — at least appears to me to be off the table because of was not. It is apparent that people are moving to they seem to contend when you talk to school construction. School construction is in On May 30th, I interviewed Governor Wyoming not just to retire but also as a them — that things are getting worse, but the billion to 1.4 billion-dollar range, and that Freudenthal over the phone. The conversa- lifestyle choice. So our environment has I have not been able to tell if that is a comes at a time when revenues are flat. So I tion was brief — the governor squeezed both a species and habitat importance, function of environmental degradation haven’t found the fuel for the engine of my the half-hour interview into his busy day and it also has an emerging significant or drought. wildlife-management plan.

— and Freudenthal’s responses were care- economic value. Jeff Vanuga Continued on next page...

4 Frontline Report Wyoming Outdoor Council Summer 2003 Summer 2003 Wyoming Outdoor Council Frontline Report 5 ISSUES UPDATE

Q: What’s your position on the value of wilderness minerals. That means making sure that environ- in Wyoming? mental consequences are accounted for, both short and long term; that resources are going to A: I like wilderness. It has cultural, lifestyle and be properly taxed and those monies used for the environmental value, and as we move forward betterment of the state; and that we have some- over the next decades, it also has an increasing thing to say about development. economic value as something that people are I do think there are places where people just either going to want to come visit or want to be don’t want anything and they ought to be able around, so yeah, it’s a pretty good deal. to say that and not leave the decision to the fed- eral government. But it is an incredibly tricky Q: Do you have any vision for the administration process because, depending on who you talk to,

Jeff Vanuga or management of state lands? everyone sees each issue differently. Somehow because coalbed methane affects such a we have to come up with at least a [decision- Q: How about the idea of generating huge physical area, and is a different kind A: I guess, in short, I hope that in the next making] process that says no interests are mar- revenue from the sale of trophy wolf of development than coal. But I think the four years we will begin to come up with a ginalized. Not every interest is going to get hunting licenses? conflict has to be resolved, because ulti- vision. I think Lynne Boomgaarden is going everything they want on every parcel of ground I think there are still some things we mately individual disputes can’t be deter- to be an interesting and effective state in the state, but at least they should be heard. At can do in terms of participating in the fed- A: I think that relative to Game and Fish’s mined by the government every time, so lands commissioner. that stage it becomes fairly specific. Clearly eral land-planning process, but again your needs, revenue from license sales is a drop what we need to do is to strengthen the there are a different set of challenges for ability to participate in that process is in the bucket. I think you are going to agriculture party in terms of dealing with Q: You are still in preliminary discussion stages? coalbed methane development in the less devel- dependent on the quality of the state’s have to look to some non-license sources the minerals estate. oped portions of the Big Horn Mountains than own perception of where it is going, to actually have an effect. A: We are, and part of what we are trying to there are for development in areas surrounding which by and large is developed by Game Q: So you would support some sort of legis- figure out is just what we have. Everyone says existing coal mines. We need to say that and Fish. Q: Given the rise in disease among lation strengthening surface-owners’ rights? the same thing about state lands. They say, we Wyoming’s terms are going to reflect those vari- Wyoming’s wildlife — chronic wasting have to look at management, greater public uti- ety of circumstances. Q: I’m curious why you support the disease, brucellosis, whirling disease etc. — A: I don’t know what you mean by that. I lization and we ought to look at blocking up the It’s like the [Department of Environmental dual classification of wolves, particularly do you think we need to rethink our would support legislation that strengthens lands through sales and exchanges, but the Quality’s Permitting Task Force] we’ve created to when you talk about looking for other wildlife-management strategies? the surface estate relative to the mineral mechanics end up seeming to revolve around look at [National Pollutant sources of revenue for the Game and Fish estate in the context of coalbed methane. I individual development proposals as opposed to Discharge Elimination Department…Couldn’t selling licenses for A: You know, I don’t. I know where you never know when someone says “surface- developing an overall policy for state lands. We System] permitting. They hunting wolves provide some revenue? are going with that argument, but I don’t use agreement” whether they are talking need to have a policy first, but one of the have some really difficult Wyoming’s environment think that I have reached a conclusion that about the ones developed by [lawyers underlying issues in terms of developing policy problems that need to be A: I end up supporting dual classification somehow the state’s wildlife-management representing surface owners] or the ones is that no one has a particularly good handle on resolved. Wyoming’s citi- creates our quality of because I think it reflects an appropriate strategies are flawed and have to be developed by the companies, so I am real what the lands look like. We are a long way zens need to be able to life. It may also turn out balance. You are going to have places in rethought. careful about how I say this. The devil is in from knowing for sure what it is we are manag- participate in the permit- the state with absolute restrictions and the details. But hopefully the legislative ing. ting process and the per- to be one of Wyoming’s places in the state with lesser restrictions Q: The conservation community was very committee is going to look at all these I think that is why to date in the state’s his- mitting process needs to on the take. I think the statutory frame- excited about your support for protecting issues. They certainly committed to doing tory the state’s policy has largely been reactive account for both the envi- most significant work of dual classification gives us the portions of the Bridger-Teton National that during the session and we will obvi- as opposed to proactive. I know that there is ronmental consequences marketable assets. chance to put together some balance that Forest from oil and gas leasing…Are there ously participate in these discussions. interest on my part, and on the part of some of as well as the developer’s reflects what are obviously very different other parts of the state where you think the other [state lands commission] board mem- desire to develop the circumstances depending on how far out similar action is merited? Q: How do you feel about supporting bers, to try to change that. The question is resource. Maybe we need the wolf ranges from the park. I think that legislation mandating the adoption of a state whether we even have the resources within the to impose a bond that says if the permit doesn’t without that dual classification you don’t A: I’ll cross that bridge when I get to it. renewable portfolio standard? Because it agency to actually complete a legitimate inven- function the way we expect it, there is some get to a fair balance. seems that Wyoming is as rich in solar and tory so that we can be proactive. ability to be able to come and reclaim it. Q: How do you resolve the conflict between wind power as it is in oil and gas. We don’t have enough manpower. We can Wyoming’s terms means weighing all these dif- Q: I’m not sure I understand why that developing coalbed methane and preserving tell you where the state lands are located, give ferent factors before you come up with a deci- would be so. agricultural interests in the state? A: You know, interestingly enough, I had you a GPS reading for them, but that doesn’t tell sion.

a meeting with Steve Waddington [energy you a lot about the lands, and it doesn’t tell me Jeff Vanuga A: Without dual classification, you end A: I was discouraged with the legislative policy advisor, on loan from PacifiCorp] a lot about them either. Q: Why is Freudenthal better for Wyoming’s up with only trophy take…I think you treatment of the split-estate legislation. earlier this week. He is really encouraging environment than Geringer? need dual classification to develop a man- On the other hand, I’m encouraged that at me to adopt a renewable portfolio stan- Q: Can you expand on what you meant when agement plan that allows you to respond… least they are going to try to look at it as dard. He tried to walk me through that you said in the Wyoming Wildlife article that you A: I don’t know that he is. I’ll have to wait I mean the fact of the matter is that a wolf part of an interim study. We really need to kind of stuff. He makes a pretty strong supported the development of Wyoming’s natural and see.! in Sheridan County is different in terms of do something to make sure agriculture has argument. I don’t know where I’m at on resources on Wyoming’s terms? its contribution to the maintenance of the a stronger hand in dealing with the miner- it yet. His argument is the same as yours, species, which is the federal goal, than a als estate. We pursued this issue in the that we ultimately have incredible A: From my point of view, this is a two-step wolf that is closer to the park area. I think context of coal development, but we renewable resource options here in process. The most immediate step is to get back Lander writer Molly Absolon is a WOC board officer. the feds have a legitimate concern about haven’t done it with coalbed methane. Wyoming… He gave me one of those to where we recognize that Wyoming’s terms greater protection as you get closer to It is harder to figure out how to do “Hey, wake up!” speeches,” but I don’t include interests beyond just the extraction of the park. it with coalbed methane than with coal, know if I’m awake yet. Continued on next page...

6 Frontline Report Wyoming Outdoor Council Summer 2003 Summer 2003 Wyoming Outdoor Council Frontline Report 7 ISSUES UPDATE Upper Green River Valley Faces Industrial-Scale Energy Development

…But Industry and the BLM Have adequate environmental analysis, both of Other Plans which are required by law. With the help of Despite valley residents’ concerns, the LAW Fund attorney Mindy Harm Benson, No More Oil and Gas BLM recently announced two more major WOC and other groups are challenging the oil and gas projects in the Upper Green. BLM’s unprecedented decision in court. Development on Federal Lands First, industry proposes to add up to 210 conventional gas and coalbed methane Wanting it ALL in Sublette County wells adjacent to the boundary of the With 85 percent of the 1.2-million-acre Bridger-Teton National Forest. Pinedale Resource Area irreversibly com- The following editorial was published in the Pinedale Roundup on May 23, Second, the region’s Jonah Field, which mitted to oil and gas leases, one would 2003 and is reprinted with permission. already has more than 500 approved oil think that industry has its hands full devel- by Rob Shaul, Editor and gas wells, is slated for up to 1,250 addi- oping its numerous, large-scale existing tional wells. The impact of this proposal is projects. But this is not enough — industry ublette County has a rich and proud heritage of oil and gas devel- perhaps best illustrated by looking at the wants it all. opment. Since the early 1950’s oil and gas development has been a accompanying photo of the area’s existing In 2000, the BLM made an important Smajor part of Sublette County’s economy and community develop- fragmentation and envisioning “infilling” decision regarding unleased lands, primarily ment. But today, we’re taking a stand against the future development of these wells with nearly three times their along the Wind River Front: no more oil oil and gas on BLM and Forest Service lands current density. and gas leasing until it revised its outdated in Sublette County. 1988 RMP to address development issues. This position isn’t because of any great Will the next generation The Tail is Wagging the Dog However, in August 2002, industry filed an concern that oil companies can’t develop oil Nothing more dramatically highlights administrative appeal, asserting its right to and gas appropriately on public lands. look around this county how difficult it is these days to delineate immediately lease in these sensitive ripari- Indeed, Sublette County is proof that oil and where the BLM “ends” and industry an and forest-fringe habitats. WOC prompt- gas can be developed with the environment in disgust and ask, “Who “begins” than the agency’s first public ly intervened to protect the region’s open in mind. We have thousands of wells here allowed this to happen?” meeting on the Jonah Infill Project. spaces, wildlife habitat, clean air and water already, still Sublette County is rich in The BLM initially notified citizens that and quality back-country recreation oppor- natural beauty, clean streams and water, the meeting would be held at the public tunities. and wildlife. library in Pinedale one April evening. This battle underscores the importance No. This position comes from responsibility. Industry decided to host a barbeque the of involvement in the BLM’s Resource We simply have a responsibility to the future generations of this same day, and an industry representative Management Plan revision process by con- great place. posted a note on the library door re- Isn’t it obvious? What makes Sublette County so incredibly unique directing interested citizens to its private and special is the natural world here. Even the most environmentally party for the BLM’s public meeting. friendly oil and gas development carries with it unavoidable and signifi- Amazingly, the BLM acquiesced, making Public involvement is crucial in cant disturbance to the environment. a last-minute decision to change the loca- That environment — this natural wonderland we live in — needs our protecting at least part of the tion of the meeting to industry’s home protection, not only from oil and gas development, but from careless court. We at WOC have never seen the Pinedale region from the real estate development and industrial tourism.

eter Aengst/The Wilderness Society and LightHawk Jonah Field BLM show such blatant disregard for A few weeks ago, we wrote on this page concerning development P balanced public input on the use of our destructive impacts of industrial- that 25 to 30 years from now the next generation will look around this by Kelly Matheson and Tom Darin public lands. scale energy development. county in disgust and ask, “Who allowed this to happen?” Citizens Want Protection… That generation will ask us the same question about oil and outhwestern Wyoming’s Upper As manager of most of the Upper Never Say Never gas development on BLM and Forest Service public land. How will Green River Valley is renowned for Green’s vast public lands, the BLM is In its outdated 1988 Resource we answer? Sits wild country, abundant wildlife, revising its overarching Resource Management Plan, and, more recently, in a cerned citizens, conservationists and the Oil and gas development has benefited Sublette County greatly. The critical big-game migration corridors Management Plan (RMP) for the valley. 2000 written decision, the BLM banned scientific community if we are to success- industry pays the highest wages here. Its tax revenues have made our and rich deposits of oil and natural gas. More than 17,000 citizens responded to oil and gas drilling in the Upper Green’s fully protect at least part of the Pinedale county government the richest in the state. Conservationists and growing numbers the agency’s initial call for comments, the crucial big-game winter range to avoid region from the destructive impacts of Beyond economics, people who moved to Sublette County to work of valley residents are determined to vast majority of whom expressed concerns additional stress on mule deer and other industrial-scale energy development. WOC in the oilfields have diversified our communities and added texture to protect the Upper Green’s remaining about the rapid acceleration of oil and gas wildlife already battling the harsh intends to be there every step of the way.! our character. undeveloped public lands, while the development in the valley and its impacts Wyoming elements. However, the agency The stand we take today is not a criticism of the oil and gas industry Bureau of Land Management and oil and on wildlife and air and water quality. A then reversed course, granting an industry or what it has done for Sublette County. It is an appreciation for the gas companies are equally determined to recent editorial published in the Pinedale request to drill a well throughout the incredible beauty that God has created in Sublette County and a recog- industrialize the valley. Roundup (see sidebar) further illustrates the 2002/2003 winter season. It did so with- nition that preserving this beauty is our responsibility. It’s ours alone.! public’s growing worries. out public participation and without an

8 Frontline Report Wyoming Outdoor Council Summer 2003 Summer 2003 Wyoming Outdoor Council Frontline Report 9 ISSUES UPDATE

Cubin Holds Hearing on Oil and Gas Greater Yellowstone’s Long-Distance Wildlife Development on Public Lands Migration Among the World’s Longest…and Last By Christine Lichtenfels development (contrary to the Bush " The Federal Land Policy and Human Development Threatens Ancient Paths n July 12, Wyoming’s U.S. Administration’s National Energy Policy’s Management Act mandates multiple use, Representative Barbara Cubin claims that as much as 40% had been which does not necessarily mean all uses by Meredith Taylor held a field hearing in Rawlins placed off limits to development), industry at all times, but requires “harmonious noteworthy. Berger’s study focused on Unfortunately, unprecedented levels O and coordinated management of the on oil and gas development on public and the administration have shifted their ach fall since the last Ice Age, big- 29 terrestrial mammals in more than 100 of energy and subdivision development lands. Rep. Cubin, a member of the House focus to “streamlining” development various resources without permanent game animals have followed ancient locations on five continents, and reported in the GYE may block this important Resources Committee and Chair of the approval processes and blaming “frivolous” impairment of the productivity of the migration paths from the summer that few remaining LDMs have a rosy pronghorn LDM. land and the quality of the environment E Subcommittee on Energy and Mineral appeals by conservation groups for ranges of Yellowstone’s high country south long-term prognosis if current One landscape-scale protection Resources, also serves as Vice-Chair of the development delays (ignoring several suc- with consideration being given to the through the Gros Ventre, Snake, Hoback land-management patterns continue. proposal comes from WCS, which all-Republican “Task Force on Affordable cessful appeals by WOC and other groups relative values of the resources and not and Green River drainages and on to the During the past century, some private advocates the designation of a National Natural Gas” established by House Speaker which, by definition, are not frivolous). necessarily to the combination of uses Upper Green River Valley and the Red organizations and governments have Migration Corridor to provide long-term Dennis Hastert. Nevertheless, the hearing addressed that will give the greatest economic Desert, where they spend the winter. (See incrementally acquired and managed safeguards for a multitude of migratory WOC Executive Director Dan Heilig “impediments” to development. return or the greatest output.”; and articles in the past three issues of Frontline.) whole migration corridors to protect species in the GYE. In addition, WOC’s was invited to testify at the hearing, It was in this heated atmosphere that Predators followed their prey in this annu- and connect wildlife habitat. But many Restoring Wild Patterns program proposes serving as the sole representative of con- Dan testified on a sweltering July Saturday. " Development of our abundant wind al passage, and a wide range of amphib- more big-game travel routes have been acquiring important migration-route servation interests in a group of witnesses Given only five minutes, he noted that: resources is an important step towards ians, insects, reptiles, birds and mammals converted to human uses, displacing land parcels through conservation ease- that included four oil and gas industry achieving a HEARING continued on page 20 also take part in this dance, part of wildlife forever. ments, land use plans and government representatives, Wyoming BLM Director " Many oil and gas projects have been nature’s delicate balancing act. Berger found that in areas of the west- conservation funds. Bob Bennett, Wyoming State Geologist approved without appeals; Long Distance Migration (LDM) is now ern hemisphere with low human impacts, Wyoming has a proud history of far- Lance Cook, Wyoming Stock Growers STUDY SHOWS MONEY considered by conservation biologists as five species — bison, elk, moose, deer and sighted habitat protections, including the Association Executive Director Jim " Over 40% of the producing oil and gas EQUALS VOTES: perhaps the most dramatic yet endangered pronghorn – continue to follow ancient creation of Yellowstone (the world’s first Magagna, and Shaun Andrikopolous, a wells on federal lands in the United phenomena on Earth. Wildlife biologists migration routes. Although the Greater national park), the Shoshone Forest rancher in the Upper Green River Valley. States are in Wyoming; OIL AND GAS INDUSTRY #1 and managers understand why animals Yellowstone Ecosystem has lost almost 75% Reserve (the nation’s first national forest) After an Energy Policy Conservation FUNDEROF REP. CUBIN migrate, but few have offered a vision with of its historic migration paths for bison, elk and Devil’s Tower (the nation’s first nation- Act (EPCA) study, requested by Cubin, " BLM field offices approve approximate- specific strategies to sustain the world’s and pronghorn, Berger notes that the GYE’s al monument). found that 88% of the Rocky Mountain ly 85% of industry requests for excep- According to a recent Associated remnant migration corridors. pronghorn still travel up to 160 miles each It’s time to revive that visionary spirit, region’s “technically recoverable” natural tions to stipulations placed on leases to Press analysis of campaign finance data According to a recent study by Joel fall and spring. Their journey is longer than using sophisticated modern tools to assure gas resources are, in fact, available for protect wildlife; from the nonpartisan Center for Responsive Berger of the Wildlife Conservation that traveled by African elephants and that the GYE’s ancient migration paths Politics, the biggest recipients of interest Society (WCS), development threats to the zebras and approaches that of Asian chiru remain long after the region’s last fossil Upper Green River Valley are particularly antelope and African wildebeests. fuels have been extracted. group money in the U. S. House of ! Representatives voted the way their big donors wanted. If a special interest gives a lawmaker a lot of money, the likelihood is very high that the lawmaker will vote in support of that interest. Data on www.opensecrets.org reveals that the leading contributor in each of Rep. Cubin’s campaigns has been the oil and gas industry. In each campaign cycle beginning in 1994, oil and gas companies contributed at least 50% more money to her cam- paign than any other industry. Although campaigns in Wyoming are inexpensive compared to other states, Cubin ranks twelfth in the House in contributions from the oil and gas industry for the 2002 cam- paign cycle. Of the top twelve House recipi- ents of oil and gas money, Cubin ranks #1 in the percentage those contributions consti- Jonathon Selkowitz/Selko Photo

tute of the total money spent on each rep- LuRay Parker/Wyoming Game & Fish Dept. Energy development on federal lands in the Pinedale Anticline of the Upper Green River Valley. resentative’s 2002 campaign. The length of pronghorn migration exceeds even the movements of Afican elephants and zebras and approaches those of Asian chiru antelope.

10 Frontline Report Wyoming Outdoor Council Summer 2003 Summer 2003 Wyoming Outdoor Council Frontline Report 11 ISSUES UPDATE Powder River Basin: Records of Decision or Destruction? BLM Approves 77,000 CBM Wells in Powder River Basin; Four Lawsuits Filed in Protest

by Tom Darin in both states into an industrial zone, which will this from the BLM. In response, WOC, the Western fter spending nearly three years studying come as a shock to all those who choose to live Organization of Resource Councils and the Natural WOC WINS COALBED METHANE APPEAL and analyzing the impacts of up to 77,000 in this relatively serene, pastoral landscape. The Resources Defense Council have brought suit in a U.S. feder- Acoalbed methane (CBM) wells in the basin will be inundated with trillions of gallons al court. Because Montana groups and landowners are co- Ruling Extended to Rawlins Powder River Basin, which extends from of produced water, pockmarked by 8,000 or plaintiffs, and because Montana is the only state where CBM Wyoming into Montana, one might logically con- more surface pits to “retain” the water and ripped water-discharge impacts from both Wyoming and Montana BLM Field Office clude that the Bush Administration used this time apart by a spider web of 26,000 miles of new development will be felt, we filed a single suit challenging by Tom Darin to gain a complete understanding of a project of roads, 53,000 miles of new pipe and power lines both decisions in Montana. this magnitude and use the best available tech- and polluted by air emissions and noise from Our principal claims include, among others: that the Another one of our appeals to the Department of Interior nologies to help reduce the massive impacts of thousands of compressor and generator facilities. BLM failed to perform one environmental impact statement such industrial-scale development. One would be The BLM’s Records of Decision would be more rather than two separate studies for the intact geographic Board of Land Appeals (IBLA) has paid off handsomely. In April, dead wrong. appropriately titled Records of Destruction. unit of the Powder River drainage; that the agency failed to IBLA judges extended a previous ruling that prevented oil and In short, when the Bureau of Land craft development alternatives that use best-available gas leases in the Powder River Basin that were to be used for Management issued its decisions in April, it “Study” Yields Mere Speculations technologies to reduce environmental impacts; and that it coalbed methane (CBM) extraction to leases in another Bureau ignored new techniques for handling trillions of In analyzing the cumulative impacts of up to relied on flawed data and faulty science to merely speculate of Land Management field office that is facing the next major gallons of salt-laden CBM discharge water in 77,000 CBM wells in both states by 2011, the BLM on impacts, instead of using reliable figures and scientific CBM development push in Wyoming. favor of the crude methods used for the first could have studied more than 12,000 existing evidence to understand and lessen them. CBM wells in Wyoming nearly 13 years ago: CBM wells in Wyoming and a few hundred in After we filed our lawsuit, Western Gas Resources moved Our appeal successfully argued that the Wyoming BLM ille- dumping it, untreated, onto the ground. Montana, gathering information, scientifically to intervene in the litigation. We expect numerous other gally sold oil and gas leases in April 2000. As we pointed out, testing hypotheses, testing the effectiveness of CBM companies and industry trade groups to join the fray, the agency justified the sale with a pre-leasing environmental Destructive Decisions old mitigation measures and developing alterna- defending the BLM’s shoddy study and project authorization. study based on a badly outdated land-use plan which failed to As reported in previous issues of Frontline, the tives based on new technologies promised by the In addition, the State of Wyoming has joined the Western consider the likelihood of future coalbed methane extraction BLM’s final environmental impact statements for Bush Administration to reduce the “footprint” of Gas intervention in support of the BLM and is also pressing both the Wyoming and Montana CBM develop- oil and gas development. The agency failed to do for the transfer of the case to the Wyoming federal court, projects and CBM’s unique environmental impacts. After three ment proposals were released in January. In any of these critical tasks. Its three years of where it anticipates greater support for industry interests years of battling with the BLM and an industry intervener, IBLA February, WOC and numerous other groups filed “study” can be best summarized by the following and a more favorable outcome. agreed with us and WOC prevailed. administrative protests to the director of the BLM admissions in the final decisions. While we expected such tactics from industry, we are The decision has major implications, since this field office, BLM. In April, the agency resolved the protests by “It is speculative to predict how future devel- surprised and disappointed that Governor Freudenthal’s which covers the Rawlins/Great Divide resource area, will be standing by its studies and its scientists and opment will proceed,” the agency confessed. administration has so eagerly and reflexively weighed in on making critical decisions regarding the next major coalbed ignoring the unbiased scientific data we provided “There is uncertainty about the specifics of the side of the CBM industry instead of defending the them on numerous future development. Because of this uncertainty, Powder River Basin’s residents and Wyoming’s environment methane play in Wyoming, with two current projects alone pre- issues. It simultaneously a number of assumptions were necessary to from rampant CBM development. dicting more than 6,000 CBM wells. signed Records of predict the impacts associated with future Three more lawsuits have been filed challenging the Further, because a good percentage of the Rawlins/Great The BLM has gone into Decision (RODs) approv- development. Those assumptions may or may not be BLM’s decisions, including one by the Northern Cheyenne Divide resource area remains unleased for oil and gas, the BLM ing the largest oil and gas correct. [Emphasis added.] Therefore, mitigation Tribe and another by sage grouse and prairie dog enthusiasts. must now halt all leasing in the area until it properly revises its this massive project field ever studied or measures may need to be modified as blind, admitting that contemplated by the development evolves.” A Worthy Cause resource management plan (RMP) to consider the unique Department of Interior. How proven are these mitigation measures in We expect a long and hard-fought battle on this impacts of CBM development. In fact, the BLM pulled 12 all of its assumptions The RODs ignored reducing impacts? The BLM wrote: “The goals and litigation, particularly since the Bush Administration has parcels from its June oil and gas lease sale, covering 6,000 may be wrong. proven and emerging objectives . . . [of monitoring] are to: Determine made the Powder River Basin the centerpiece of its national acres of public lands in the area, as a direct response to the technologies that would [their] effectiveness.” energy policy. Moreover, as natural gas prices spike higher recent decision. have significantly Translation: the agency has gone into this and state and local economies in Wyoming and Montana The RMP revision process is underway and will be complet- reduced environmental massive project blind, admitting that all of its continue to ignore their addiction to extractive-industry impacts from salty CBM produced water and pro- assumptions may be wrong and that its chosen revenue streams, energy companies are chomping at the bit ed in late 2004 or early 2005. Until that time, our recent victory tected the integrity of millions of acres of land mitigation measures may not even work. to industrialize the basin. We have our work cut out for us should ensure that no new leases are sold and used for CBM owned by ranchers and other landowners whose in ensuring responsible CBM development, but what’s at extraction — allowing the agency the proper time to study and properties overlie federal minerals. Fighting Back stake — the future of basin residents’ livelihoods and review environmental impacts before making irretrievable The BLM admits that the project it just autho- The people and abundant natural wealth with- landscapes — make our efforts well worthwhile. ! leasing commitments to industry. rized will turn most of the 12-million-acre basin in the Powder River Basin deserve better than !

12 Frontline Report Wyoming Outdoor Council Summer 2003 Summer 2003 Wyoming Outdoor Council Frontline Report 13 ISSUES UPDATE Wyoming Citizens Unite to Defend the Red Desert Public Overwhelmingly Supports Friends of the Red Desert Forms Protecting the Jack Morrow Hills and Runs Intensive Campaign

the destruction of its intrinsic by Steff Kessler value for a few short years of Boettcher organized a tremendous turnout at the BLM’s oil and gas development?” he effort to gain protection for the Red Desert Rock Springs public hearing. An overwhelming majority Sean Francis, a 15-year-old continues to build momentum and gain new allies. of those who testified supported the Citizen’s Wildlife student at Lander High School, TFriends of the Red Desert (FRD) is a newly-formed, and Wildlands Alternative. testified, “The land at stake is a loose-knit coalition of conservation, recreation, educa- Another element of the campaign involved reaching desert, not a playground for the tion, business and Native American groups committed to out to the Native American community of the Wind oil and gas industry. My greatest permanent protection for the desert’s natural, cultural River Reservation, with extraordinary work accom- fear is to one day see the Jack and historic values. Chartered under state law as a non- plished by our key organizer there, Martin Blackburn. Morrow Hills as an industrial profit, FRD currently has more than 50 group members, Martin and tribal activist Dick Baldes, along with WOC’s garden, rather than a desert.” including WOC. Mac Blewer, presented slide shows and talks, along with Arapaho tribal member Mark This spring, the coalition launched an intensive pub- traditional feasts, in Arapaho, Ethete and Fort Washakie. Soldierwolf noted, “We’ve lost lic-education and outreach campaign to generate sup- Reservation residents engaged in spirited discussions a lot of land that is so dear to port for safeguarding the Jack Morrow Hills area of the about protecting Native American cultural and holy sites us. Not only Native Americans, desert from further oil and gas development. on these lands, which were part of the original Wind but all of us. We need to sit For several years, the Bureau of Land Management River Reservation from the Treaty of 1863. A number of down and say, ‘That’s enough.’” has been developing the Jack Morrow Hills Coordinated reservation residents testified at the BLM hearing in Riverton Ranger “We’ve been protecting Activity Plan. The area contains a high concentration of Lander, where Shoshone elder Starr Weed started the these sacred sites since 1492,” many of the desert’s special features, including seven meeting with a traditional blessing. Nearly 150 citizens attended the Lander hearing. said Martin Blackburn of the wilderness study areas, two proposed National Natural FRD hired three more organizers for the Lander, Cody Beers, Young Warrior Society. “That’s Landmarks, many important Native American sites, seg- Laramie and Front Range areas. Marian Doane helped by Mac Blewer our Homeland Security out there.” ments of historic pioneer trails, several rare plant ensure a large turnout of concerned citizens at the yoming residents have voiced At the Rock Springs hearing, attended by more than species and crucial habitat for elk, deer and antelope. Lander BLM hearing. Laramie organizers Eric Bonds and overwhelming opposition to the Bureau 100 citizens, 43 of 56 speakers advocated strong protec- Since all of the BLM’s proposed oil and gas develop- Angie Young not only recruited people to drive over to Wof Land Management’s proposal to open tion for the desert, most of whom backed the Citizens’ ment alternatives failed to protect this magnificent area, the Rock Springs hearing, but then hosted their own the door to industrial-scale oil and gas development in Wildlife and Wildlands Alternative, a home-grown pro- Friends of the Red Desert, along with other groups, public hearing in Laramie, where 47 of 48 speakers the Jack Morrow Hills Study Area of the Red Desert. posal that would expand wilderness protection for the crafted the “Citizen’s Wildlife and Wildlands advocated protecting the Jack Morrow Hills area. During two BLM hearings held in Rock Springs and Jack Morrow Hills Area, while allowing responsible Alternative.” Overall, the campaign was a huge success. Many Lander in April, hunters, tribal members, local outfitters hunting, recreation, ATV use and grazing. Starting in March, Friends of the Red Desert hired thanks to all of you who worked so hard on this effort! and other concerned citizens spoke ardently in favor of After the hearings in Rock Springs and Lander, seven temporary organizers to work in Fremont, For more information and to read the details of the protecting the 620,000-acre Jack Morrow Hills Area and Friends of the Red Desert member group Biodiversity Sweetwater and Albany counties, reaching out to a broad Citizen’s Wildlife and Wildlands Alternative, visit other parts of the eight-million-acre Greater Red Conservation Alliance and other environmental activists range of constituencies: hunters and anglers, recreation- Friends of the Red Desert’s website at Desert. At both hearings combined, those testifying for convened their own hearing in Laramie for citizens who ists, rock-hounds, Native Americans, elected officials, www.reddesert.org.! desert protection outnumbered those advocating more were unable to attend the BLM’s official hearings. young people and civic clubs, as well as the general pub- energy development by a margin of five to one. Although BLM personnel were invited, none attended, lic. Organizers made scores of slide show presentations Former WOC executive director Steff Kessler is a public-policy Nearly 150 citizens attended fearing that the citizens’ hearing would have a “rally- and convened meetings across the state to generate consultant who helped coordinate the Friends of the Red the Lander hearing, during like” atmosphere. So, 70-plus Laramie Red Desert advo- interest and dialogue about the desert’s special features. Desert campaign this spring. Those testifying for desert which 55 speakers advocated cates had to content themselves with testifying to two FRD opened an office in downtown Rock Springs. safeguarding the desert’s natur- empty chairs. Community organizers Katharine Collins and Scott protection outnumbered al, cultural and historic values, Citizens sent 65,000 letters, postcards and emails and 10 spoke in favor of to the BLM on the Jack Morrow proposal, the largest those advocating more increased energy development outpouring of public comments ever received by the energy development by a in the Jack Morrow Hills. Wyoming BLM for a planning project. More than 50,000 “This country, this world of the comments supported the Citizens’ Alternative. margin of five to one. will be a poorer place when the “The Bush Administration has always stated that local great riches of the Jack Morrow concerns are important when it comes to decisionmak- Mike McClure Hills are trashed,” said WOC founder Tom Bell, who ing,” said Friends of the Red Desert organizer Marian

Chris Hiemstra Boar’s Tusk received a standing ovation from the crowd. “The Red Doane. “Now the question is, will the administration Scott Smith Killpecker Sand Dunes Continental Peak Desert — there is nothing like it. Why should we allow listen to what we have said?” ! Mike McClure Prehistoric standing stones

14 Frontline Report Wyoming Outdoor Council Summer 2003 Summer 2003 Wyoming Outdoor Council Frontline Report 15 ISSUES UPDATE

flows should come only from new reser- DEQ Turns a Deaf Ear to voir capacity; transfers from existing users or recoveries from water conservation strategies should not be permitted. Second, Citizens’ Water Pollution Concerns they claim that junior agricultural water- rights holders are entitled to any water that by Steve Jones senior users would rather devote to sup- he Wyoming Department of chemicals, minerals and salts that remove water-quality protections porting instream flows — certainly Environmental Quality (DEQ) threaten public health, fisheries, provided by permits that are Instream Flow Law an anti-property rights notion. Third, is revising Chapter 2 of the crops and livestock throughout individualized to the unique opponents argue that irrigation increases TWyoming Water Quality Rules and the state. characteristics of each discharge Has Run its Course stream flows in late summer — a supposi-

Regulations. The third round of pro- Wyoming’s wetlands are at par- location, but such authorizations Caroline Byrd tion that depends on soil and use charac- posed revisions was approved by ticular risk. The DEQ could promul- have the additional effect of cutting teristics in riparian areas as well as whether the Water and Waste Advisory gate rules to offer at least minimal the public out of the permitting by Cale Case files a new application, which has no utilization occurs on the same stream Board in June. Now the protections against environmental process. When general permits he 1986 Legislature passed Wyoming’s priority over an earlier right. branch to be protected. Environmental Quality Council will harm caused by dredging or filling are issued, citizens are not notified instream flow law, but only after As a consequence, when water is short, Progress is being made. In the 2002 examine the proposal and possibly activities in wetlands, but it has of any individual site where a T more than 25,000 people signed anyone with an earlier water appropriation budget session, a proposal that would make additional changes. neglected to do so. While federal polluting facility is to be built. So a ballot initiative. An instream flow water must be accommodated first, which, in have permitted water-rights owners to This is the first time the DEQ law covers many of the state’s wet- the opportunity for ranchers, irri- right protects and leaves water in the stream. most areas of the state, leaves little or no temporarily designate water for instream has tackled the job of revising lands, those that do not come gators and other concerned citizens For real and bureaucratic reasons, the water for instream flows. If the law were flows barely missed the two-thirds vote Chapter 2 since it was first adopted under the jurisdiction of the Clean to learn about what is going on law has been a dud — overcomplicated, modified to permit water users to tem- needed for introduction. Two unsuccessful in 1974. It’s an ambitious task, and Water Act must be protected under in their own back yards is anti-property and narrowly administered. porarily designate their original priority instream bills were introduced this year, one that poses serious threats to state regulations if they are to be severely curtailed. Despite the vast importance of Wyoming’s rights to instream flows, not only would although the Joint Agricultural Committee water quality in Wyoming. protected at all. Under the new pro- Public involvement in the deci- in-situ water resources to our economy and there be more interest in preserving stream did agree to an interim study on temporary posed regulations, “isolated wet- sionmaking process is under attack way of life, only 120 of 21,000 stream miles flows, but those flows could be protected instream flows. lands”— those that are not under in other ways as well. Currently, with fisheries have been protected. Almost from other users. Such temporary The opportunity for ranchers, irrigators federal jurisdiction — are hardly concerned citizens can request a all of these are headwaters areas where no instream flow designations could be protected at all, containing only a hearing before the Environmental diversions exist. Downstream stretches lack especially useful in drought years, Despite the vast importance of and other concerned citizens to learn minimal requirement for mitigation Quality Council regarding any pro- protection during critical periods. perhaps on a voluntary rotating basis about what is going on in their own plans, and only if at least an acre of posed permit that has been issued among interested water users. Wyoming’s streams to our economy and wetlands will be affected by dredg- for public comment. However, Here are some of the problems we Currently, only the Wyoming Game way of life, only 120 of 21,000 stream back yards is severely curtailed. ing or filling. whether a hearing is actually sched- need to fix. and Fish Department can recommend One of the more disturbing uled is a matter of discretion, to be Existing law permits only minimum protections for stream segment flows. miles with fisheries have been protected. aspects of the proposed new chap- determined by the administrator of amounts of instream flow “to establish Then the Wyoming Water Development ter involves “general permits.” the DEQ’s Water Quality Division. and maintain fisheries.” Aesthetics, Commission takes over and becomes the The department is trying to General permits are authorizations In the past, former DEQ Water public health and safety, water quality and applicant before the State Engineer and the Changing times and our evolving state collapse four different chapters into that do not apply to any one site, Quality Administrator Gary Beach economic and recreational benefits are Board of Control.Two feasibility studies are economy means that Wyoming citizens are one all-encompassing chapter that but cover the treatment, monitoring has made it clear that he does not ignored. Further, as implemented, flows for required for each application. prepared to again recognize the importance deals with all aspects of permitting and disposal of the same type of want any hearings on discharge per- the benefit of fisheries are just enough to Communities are not allowed to solve of natural, non-consumptive and health- surface water discharges into our effluent being discharged into the mit applications to come before the keep them alive — not enough to provide their instream problems locally. As a case providing instream flows to our economy, streams and rivers. These discharges state’s waters. Any person or com- Environment Quality Council. for quality habitat and the flushing flows in point, the State Engineer’s Office has our well being and our future. The legisla- include pollution from sewage pany that qualifies may discharge WOC has recommended that the that mimic natural systems. been unsuccessful in finding a legal way to ture will either recognize these factors, or treatment plants, oil and gas drilling pollution at any number of sites regulation be changed so that if 50 Under the law, existing water storage allow the City of Pinedale to release its a new citizens’ initiative will be required and production operations, mining without obtaining an individual signatures are collected requesting a and surface rights can be converted to own water in Fremont Lake to improve to make instream flows a reality.! and coalbed methane operations, permit, as long as the effluent public hearing before the instream flows only if landowners perma- flows through the town. There are lots of siltation and run-off caused by meets the criteria specified in the Environmental Quality Council on nently surrender their existing rights to the Wyoming towns like Pinedale that would Cale Case Ph.D. (R-Lander) is an economic con- construction activities, industrial general permit. All that is needed is any proposed discharge permit state. Because no one wants to permanent- like more flows for esthetic, public health sultant who has served in the Wyoming and chemical plants and agricultural a general permit “authorization” for application, such a hearing would ly give up their earlier priority rights, the or other reasons. Legislature for 11 years, the last five as a state operations. Such pollutants can each discharge location. be mandatory rather than left to the only other way for an instream flow right Opponents typically offer three argu- senator. He is a member of the legislature’s contain heavy metals, bacteria, Not only do general permits discretion of the administrator. ! to come about is if the State of Wyoming ments. First, they believe that instream Labor and Corporations committees.

16 Frontline Report Wyoming Outdoor Council Summer 2003 Summer 2003 Wyoming Outdoor Council Frontline Report 17 ISSUES UPDATE

Carter Mountain Timber Sale: So Far, So Good

by Kelly Matheson America’s Larder at Risk arter Mountain, on the Absaroka Front south wildlife, as long as the proposed timber sale is properly of Cody, is home to a number of spectacular analyzed and executed. Officials with the Shoshone Cwildlife species, including grizzlies, the National Forest have already promised that timber will by Michele Barlow Greybull wolf pack and the Cody elk herd. The area not be harvested from roadless areas, that logging will ALT ERNATIVE ENERGY ver the past 60 years, two Eating Responsibly is nationally renowned for its abundant big-game only be permitted after significant snowfalls to avoid forces have dramatically Sadly, food production is largely invisi- hunting opportunities. creating skid trails and that existing roads in the area UPDATE Oinfluenced American livestock ble to most U.S. residents, who are usually Recently, a new and unwanted species moved into will be decommissioned and permanently closed in There’s yet another incentive to production: animal confinement and the at least two generations removed from a the neighborhood. Several years ago, the spruce bark conjunction with this project. aggregation of family-owned businesses farm or ranch. But it is possible for many install an alternative energy system beetle found its way The conservation community appreciates the Wapiti into large corporations. of us to change our buying and eating into conifer stands on Ranger District’s thoughtful approach to industry’s now – NO SALES TAX! Intensive livestock operations first habits to help small farmers. The conservation community the mountain. These Carter Mountain logging proposal. However, to ensure Through 2008, there will be no appeared in the 1940s when poultry egg I arrived at my personal “solution” tiny quarter-inch wildlife protection and forest health, conservation sales tax in Wyoming on purchas- producers shifted from bedded chicken of eating locally grown and organic food appreciates the Wapiti Ranger District’s beetles can cause groups have asked the Forest Service to adopt additional es of equipment to install wind, houses to metal bird cages. about 10 years ago. My urban and thoughtful approach to industry’s extensive tree mortal- measures to safeguard grizzly bear den sites and bear solar, hydro, biomass, landfill gas cosmopolitan lifestyle compels me to ity, benefiting some feeding areas, maintain hiding and thermal cover for elk Corporate Hog Farming be a responsible Safeway shopper and and hydrogen and geothermal Carter Mountain logging proposal. wildlife species, such and preserve habitat for cavity-nesting species. The swine industry provides another member of an organic buying club. as woodpeckers, If the agency mandates these protections, this may energy projects. example of the industrialization of And thanks to my mom and brother, while adversely be one of the first times the conservation community In addition, grants of up to $3,000 American agriculture. There is very I eat grass-fed beef from their ranch in affecting others, such as elk. The natural process that will not challenge a timber sale on the Shoshone for alternative energy systems are little difference between the total U.S. northeastern Wyoming. these beetles set in motion has now killed up to 80% of National Forest for apparent legal violations and adverse available through John Nunley at the inventory of hogs in 2002 (58.9 million) Englemann spruce on Carter Mountain. ecological effects. and the total inventory produced in 1915 Wyoming Business Council, 214 West Supporting sustainable local Because standing dead timber only remains As we went to press, the Forest Service had issued (60.6 million). 15th St., Cheyenne, WY 82002, merchantable for approximately three years, timber its Environmental Assessment and provided a 30-day But while overall hog production agricultural operations can help companies want to cut 10 to 15 million board feet from public comment period for citizens to weigh in with (307) 777-2800. has scarcely changed, the structure of this spectacular landscape. their opinions about a timber sale that will be one of the U.S. swine industry has shifted minimize the damaging effects of At first glance, it appears that some timber could be the largest in this forest’s history. radically. From the 1960s to the present, ! industrial food production. harvested from this area without significant impacts to the total number of hog farms declined precipitously from over one million in 1965 to just 67,000 in 2002. By supporting sustainable local agricul- As the number of hog farms rapidly tural operations, we can help minimize decreased, relatively large operations the damaging health and environmental Scott Kane emerged. For example, from 1994 to 2002, effects of industrial food production. But there was a 100% increase in the total U.S. until more of us become reacquainted hog inventory concentrated in operations with farmers and farming, it is going to be Wyoming’s abundant wind and with 2,000 or more hogs each. At the end difficult to protect croplands, topsoil, solar resources, combined with a tax of 2002, hog farms with more than clean water and clean air. incentive and grants to individuals and 5,000 animals controlled 53 percent of We must literally save our businesses, should stimulate further the total annual inventory. own bacon.! alternative energy production. Now’s the time to GO ALTERNATIVE! On a related note, WOC is increasing our solar energy production by 33%! Thanks to a generous contribution of labor and expertise from Scott Kane of Lander’s Creative Energies and WOC associate director Christine Lichtenfels’ funding for equipment, we are boosting our production of solar energy and cutting the amount of pollution we create.!

Carter Mountain U.S. Forest Service Farmers’ Market in Lander Nancy Debevoise

18 Frontline Report Wyoming Outdoor Council Summer 2003 Summer 2003 Wyoming Outdoor Council Frontline Report 19 PEOPLE

MEMORIAL GIFT HONORS WOC executive THOMAS L. QUINN director Dan Heilig… …cheerfully awaits his next dunking at a Relay for Longtime Wyoming conservationist Life event in Lander, sponsored by the National and WOC member Phyllis Atchison has Outdoor Leadership School (NOLS). Funds raised made a generous memorial gift honoring the late Thomas L. Quinn. Quinn had at the popular dunk-tank booth were donated to devoted the last 12 years of his life to the American Cancer Society to support cancer protecting Wyoming’s water quality. Eight DARIN PUBLISHED research. To date, ACS has provided more than months before his death, he earned his IN PRESTIGIOUS $2.3 billion to the nation’s cancer researchers. dream job as administrator of the Ground Water Division of the Wyoming State ENVIRONMENTAL LAW For more information, Engineer’s Office. contact ACS at 1-800-ACS-2345, Born November 12, 1963, he died JOURNAL www.cancer.org. on June 13 after a courageous battle with cancer, leaving his wife Laura Quinn- In May, the distinguished Journal MacDougall, a son and three daughters. Tom Bell Receives UW’s of Environmental Law & Litigation WOC will devote Phyllis’s memorial published an article by Tom Darin, Outstanding Alumnus Award WOC’s Director of Public Lands Nancy Debevoise gift to support our water-quality protection efforts. Christine Lichtenfels, Dan Heilig, Tom Bell and Tom Darin. and Resources. The article is succinctly entitled, by Martha Christensen “Waste or Wasted? Rethinking the OC founder and emeritus board member Tom Bell was honored with Regulation of Coalbed Methane the University of Wyoming College of Arts and Sciences Outstanding HEARING continued from page 10 Alumnus Award at the university’s annual awards banquet on June 7. Byproduct Water in the Rocky W Mountains: A Comparative Analysis of Jack States, adjunct professor of Botany at UW, nominated Tom for the award, reliable supply of domestic energy. and I wrote a seconding letter, in which I noted that Tom has inspired many of Approaches to Coalbed Methane Establishing a national renewable portfolio us through his devotion, courage and superb skills as a communicator. standard, requiring every power company to Produced Water Quantity Legal Issues in The award citation reads, in part: produce at least 20% of its energy portfolio Utah, New Mexico, Colorado, Montana from renewable (non-hydro) sources by and Wyoming.” Thomas Bell is passionate about at the pass, even if he had to do 2020, could greatly spur wind and solar RIDE THE RED Wyoming’s wild places and wildlife. it alone.” “In this article,” Darin explains, “I energy development nationwide. SEPTEMBER 13! And that passion is the impetus that Well aware of the power of addressed the legal issues associated The other witnesses provided a range of has led him to spend a lifetime media, Bell began writing columns with massive dewatering of aquifers nec- Please join us for the second annual comments, some predictable, others less so. defending the natural wonders of the for Wyoming Wildlife and the Wyoming essary to free coalbed methane from 48-mile Ride the Red, a non-competitive, Notably, State Geologist Lance Cook stated that land he loves….. State Journal. In 1969 he became editor coal seams. In Wyoming and Montana, mountain-bike circumnavigation of the Honeycombs and “there may very well be no quick fix” to the Bell became involved with of Camping News, and within a year ranchers and other landowners rely on Continental Peak in the heart of the Jack Morrow Hills energy supply problem. Gas price oscillations the Wyoming Wildlife Federation renamed the paper High Country News. deterring investment, as well as limited gas and later served as its president. Bell took a paper that celebrated the groundwater for some of their livestock area of the Red Desert. pipeline transmission capability in Wyoming, Eventually he founded the great outdoors and turned it into a watering and domestic needs. When Riding two-tracks and established dirt roads, you’ll see are two important economic pressures limiting Wyoming Outdoor Council to hard-hitting voice for conservation considering that trillions of gallons of wildlife, enjoy the beautiful and inspiring Red Desert, current gas production. better coordinate the activities of in the Rocky Mountain West…. water will be depleted from the aquifers make new friends and have fun! Rancher Shaun Andrikopolous testified different groups working on resource University of Wyoming alumnus that lie underneath these lands — and We’ll have more info available on our about the inequities faced by surface owners management issues. Todd Guenther said, “For nearly that full recharge will take more than a website, www.wyomingoutdoorcouncil.org, and the dire need for legislation to protect the A member of the National eight decades, this quintessential existing property rights of surface owners. His Wildlife Federation, Craig Thompson, Renaissance man, Tom Bell, has stud- century — there is a strong argument as the event draws closer. For planning pur- ranch in the Upper Green is under serious once said, “Around the Rockies Tom ied and taught the arts and sciences. that our state agencies are allowing poses, we’ll need you to register before the threat from CBM development as part of the Bell is known as the Grand Old Man He is the embodiment of everything these critically important water resources ride. Please contact Christine Lichtenfels, heresa Kay South Piney project. of Conservation. He had the insight that is exemplary in humanity and is T to be illegally wasted.” [email protected], Jim Magagna of the Wyoming Stock to see the future of unchallenged an unsurpassed example of the type ! (307) 332-7031 extension 11, for more information. Growers Association likewise stressed the development at the very beginning of human being that a liberal arts need for the BLM to provide surface owners and decided he would head ‘em off education can produce.” To read Darin’s article, Last year’s inaugural Ride the Red was a resounding more timely and complete notice of drilling go to our website at success. Don’t miss out this year! WOC members can once again — and always — be proud of our remarkable ! activities on their lands. ! www.wyomingoutdoorcouncil.org founder. ! To read Dan’s and others’ testimony, go to: Former WOC board member Martha Christensen is professor emerita of Botany at the www.house.gov/resources/108cong/energy/2003jul12 University of Wyoming, where she taught for 26 years. She recently retired and moved to /agenda.htm Madison, Wisconsin, to be closer to her son and his family.

20 Frontline Report Wyoming Outdoor Council Summer 2003 Summer 2003 Wyoming Outdoor Council Frontline Report 21 PEOPLE

Laurie Milford Meredith Taylor Honored Off to New Elected to Board with GYC’s Outstanding Adventures n June, WOC’s board of directors Activist Award by Christine Lichtenfels welcomed Laramie writer and fundrais- Ier Laurie Milford as its newest member. by Nancy Debevoise fter three years Laurie has a B.A. in English from the uring its annual meeting in June, the Greater of providing WOC University of Iowa and a Master’s in Yellowstone Coalition presented WOC’s Greater Awith her remarkable English from the University of Wyoming. Mike McClure Yellowstone Program field office director energy, enthusiasm and Before joining the staff of Biodiversity Welcome to Lisa DMeredith Taylor with its 20th Anniversary Outstanding expertise, attorney Kelly Conservation Alliance as its development Tova Woyciechowicz Activist Award. Matheson, our Greater director in 2002, Laurie worked as a book Dardy McGee Award presenter Valorie Drake addressed hundreds Yellowstone Program coor- editor for Perseus Books, the University of Joins Staff by Kelly Matheson of conservationists gathered at the event. Her remarks dinator, is headed north. Kansas Press, HarperCollins and other pub- included the following kudos to Meredith: In September, Kelly will Groene Scott lishers, focusing on the natural sciences, by Christine Lichtenfels n June 1, Lisa Dardy McGee arrived begin pursuing a Masters natural history and the environment. She’s ova Woyciechowicz has joined WOC in Lander to begin her two-month 4¤For almost 30 years, of Fine Arts degree in also worked as an editor and research asso- as our community organizer. She’s Osummer legal internship at WOC she has been expanding her Science and Natural History ciate for the Carnegie Foundation for the Tworking with our inveterate Red after completing her second year of knowledge of the ecosys- Filmmaking from Montana State University in Advancement of Teaching; a teaching assis- Desert rat and outreach coordinator, Mac coursework at UW’s College tem and its wildlife, and Bozeman. MSU’s fast-paced and highly competitive tant, instructor and grants coordinator at Blewer, as we continue to ramp up our of Law. she’s become a tireless graduate-degree program will offer Kelly the opportu- UW; and a publications intern at the World efforts to educate citizens and decision- Lisa is already familiar with the work of advocate for its health…. nity to merge her long-standing interests in foreign Resources Institute in Washington, D.C. makers about the Greater Red Desert’s our conservation partners and well-versed In addition to GYC, she’s cultures and travel, environmental activism and unique natural, cultural and historic values in the state’s natural-resource challenges. been involved with many conservation education. and build support for federal legislation that Her impressive experience includes con- other conservation organi- During her time at WOC, Kelly has been would protect the desert as a National ducting research for respected water-law zations over the years, instrumental in building a broad conservation coalition Conservation Area. attorney Reed Benson, doing field including the Wyoming and campaign to protect the Upper Green River Valley Tova comes to WOC from the Northern research for the Wyoming Natural Wildlife Federation, Sierra from rampant oil and gas development. She has also Plains Resource Council in Billings. A 2002 Diversity Database program, cataloging Club, Jackson Hole successfully defended the Shoshone National Forest’s graduate of the University of Montana with plants at the Rocky Mountain Herbarium Conservation Alliance, wildlife and water quality from destructive and a B.A. in Environmental Studies and a in Laramie, working as a naturalist in Wyoming Outdoor Council, illegal logging. minor in Studio Art, Tova recently com- Grand Teton National Park and interning The Wilderness Society, “Greater Yellowstone and the people I have pleted a temporary assignment as NPRC’s with the Jackson Hole Conservation National Wildlife worked with, both inside and outside of the WOC Good Neighbor Administrator. She’s also Alliance. Federation, Friends of the office, have a permanent place in my soul,” Kelly says. worked as a campus organizer for the Her work experience and leisure time Red Desert, Audubon, and “I am very grateful for the opportunity to work with a Clark’s Fork Coalition in Missoula, a spent exploring Wyoming’s spectacular I’m sure there are more…. coalition of such dedicated and passionate people to research assistant for the Forest Voles public lands ultimately inspired Lisa to protect one of the most beautiful landscapes in Research Project in Condon, MT, a trails pursue a law degree to better protect the 4¤Whether she’s on a payroll or not, she casts a the world.” laborer and crew supervisor in both wild country that means so much to her. broad net and does as much networking and out- We’ll miss Kelly’s tireless energy, infectious smile, Yellowstone and Glacier National Parks “I had a very specific focus when I reach as anyone I know….I’ve heard Meredith hard work and amazing ability to reach out to those on and a canvasser and petitioner for the applied to law school,” Lisa explains. “I described as a “zealot.” That description fits — she’s both sides of controversial natural-resource battles. In “WOC is a bellwether in Montana Public Interest Research Group. hope a law degree ardently active, devoted, diligent, persistent and fact, we’re only letting her go because she’s promised A native of Montana’s Bitterroot Valley, will allow me to passionate — and we’re thankful to have her bound- to do a documentary on the incomparable wild places Wyoming conservation,” Laurie Tova learned first-hand how tied she is to work for a non- less energy focused on this area we all care so much of the Upper Green, the Red Desert or the Shoshone the wild places and wide-open spaces of profit environ- says. “Its skilled board and staff about protecting…. National Forest. ! the West when she traveled east to mental advocacy have dedicated themselves to Providence, RI, to attend the Rhode Island group. So it’s real- 4¤She never loses faith and hope that Greater School of Design. With that realization, ly special that my Yellowstone will be a better place for her efforts. protecting wild places and their she re-committed herself to advocating for first legal intern- She’s steadfast in her convictions and never waivers protection of the West’s treasured places. ship is with WOC, in her mission…. inherent powers of renewal and We are delighted to have Tova on board a group doing to help bolster the effectiveness of our such meaningful

insight. It is a love of open spaces Allison Staulcup 4¤The Yellowstone ecosystem is so completely Greater Red Desert protection campaign. work in support of embedded in Meredith’s soul that one cannot be — and my trust in WOC to protect “I’m excited about joining WOC’s dedi- Wyoming’s public lands. I’m looking for- Thanks separated from the other. She will, I have no doubt, cated staff,” Tova says. “I welcome this ward to a great summer!”! them — that motivated me to focus all the power she can muster toward the pro- for everything, Kelly. opportunity to further refine my passion tection and restoration of this ecosystem forever. into a more effective tool for conserving ! volunteer for the board, and I We wish you the very best. the natural world and our rural quality of life.” am honored to be a member.” ! !

22 Frontline Report Wyoming Outdoor Council Summer 2003 Summer 2003 Wyoming Outdoor Council Frontline Report 23 WOC’s Greater Yellowstone Program field office director Meredith Taylor will lead two outings this fall.

For more information, contact Meredith at (307) 455-2161, [email protected]

4On September 26-30, Meredith will lead a volunteer National Park, up the Gros Ventre and down to the Green River service trip to the Thorofare area of the Teton Wilderness to and the Pinedale Mesa. The outing is part of WOC’s Restoring reclaim salt-bait sites illegally placed by outfitters just outside Wild Patterns Program, which works to protect healthy, free- the southeast border of Yellowstone National Park to lure elk ranging wildlife in the southern Greater Yellowstone Ecosystem. out of the park for their hunting clients. The nearly 10-million-acre RWP area provides a vital link 4On October 18, Meredith will guide participants on a day- between the Yellowstone-to-Yukon migration route to the north long field trip to explore part of western Wyoming’s ancient and The Wildlands Project’s corridor-protection program in the big-game migration corridor that travels from Grand Teton southern Rockies. !

NON-PROFIT ORG. WYOMING U.S. POSTAGE P AID OUTDOOR PERMIT NO. 149 COUNCIL LANDER, WY 82520 262 Lincoln • Lander, WY 82520 Ph: (307) 332-7031 • Fax: (307) 332-6899 email: [email protected] web: www.wyomingoutdoorcouncil.org RETURN SERVICE REQUESTED

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