Lawmakers in Wyoming want Gordon to call a special session to fight the Biden coal rule

State Rep. Mark Jennings, R-Sheridan, is leading an effort to gather signatures from state lawmakers to urge Gov. Mark Gordon to call a special session to help the state better pass President Joe Biden’s new proposed ban on coal production to combat.

The purpose of the special session would be for the wyoming legislature to spend money on hiring outside legal representation to address the new BLM rule That would end coal production in Wyoming’s energy-rich Powder River Basin by 2041.

The Biden administration’s May 16 order came from the BLM’s Buffalo Field Office as a result of a 2022 order from the U.S. District Court for the District of Montana in Billings.

While Gordon has not yet filed a lawsuit on behalf of Wyoming over this rule, he has filed a lawsuit over other government actions to curb coal.

In his letter, Jennings writes that by being proactive in this area, Wyoming may be able to combat federal regulations that are likely to have a major negative impact on Wyoming’s economy. The Powder River Basin mines supply nearly 50% of America’s electricity.

“After consultation with each other, we believe there is one path forward that is appropriate to address the severity of the situation we find ourselves in,” Jennings’ letter reads. “We would like to be part of the solution by making ourselves available together with the executive branch.”

Jennings did not respond to multiple requests from Cowboy State Daily for comment on the call for a special session.

Rep. John Bear, R-Gillette, who is supporting Jennings’ letter and calling a special session, told Cowboy State Daily that the deadline for collecting signatures is Wednesday. The letter itself is postdated for Thursday.

Bear said the signature-gathering effort has “gained some momentum.”

“The people who support the governor, who says he is against Green New Deal policies and against Biden, should want to sign this letter,” he said.

A spokesperson for Gordon said the governor “will not respond to a letter he has not received.”

Another call for a special session

Jennings’ call for a special session is the second this year. An effort was made this spring to call a special session to override some of Gordon’s vetoes of bills during the 2024 legislative session. That effort did not generate enough votes to call a session.

This new call for a special session is different because it is a request for Gordon to call one, which he has the power to do at any time.

Bear said he does not believe the governor will heed the request, citing his previous work for environmental groups such as The Nature Conservancy and Sierra Club, for which he was treasurer in 1993.

“These groups are happy with the BLM rules,” Bear said.

Gordon also worked in the oil industry for a time before becoming state treasurer and governor.

Is help needed?

The governor has 60 days to comment on the new rules from when they were first unveiled on May 16, while the public has until Monday to provide their input.

Jennings’ request includes money for a “constitutionally focused, proven legal team.”

Many in the Wyoming Freedom Caucus, such as Bear and Secretary of State Chuck Gray, have complained that Gordon is not proactive enough in filing lawsuits on behalf of Wyoming.

“It is clear that Wyoming does not have the confidence to lead the fight on these issues, which is why we are continually the 19th, 20th or 24th state to join a lawsuit,” Bear said. “I don’t think this creates fear in the Biden administration.”

Bear said Wyoming Attorney General Bridget Hill has hinted that she is not well versed in federal minerals issues, but that her office does have a full Water and Natural Resources Division with eight attorneys on staff.

In May, sixteen members of the Freedom Caucus sent Gordon a critical letter demanding that he immediately sue the federal government over the new ban on coal production. Gordon responded with a blistering attack, saying he was not convinced by their arguments.

Using the formal comment period is critical to laying the groundwork for any potential future lawsuit against the federal government, Gordon said in his response.

“Rest assured that Wyoming will respond strongly and strategically when necessary,” Gordon wrote. “We are in the trenches fighting, while some seem content to just make noise.

How to fight the battle

The Biden administration has taken an aggressive approach to curbing Wyoming’s legacy fossil fuel industries in the overall effort to combat climate change. Over the past year, the government has imposed new restrictions and requirements on oil and gas development, implemented a strict methane waste rule, curtailed multi-use doctrines and unveiled a controversial Resource Management Plan for the Rock Springs area, Jennings wrote.

Jennings will face off against Rep. Barry Crago, R-Buffalo, in August in a bid to run for the Wyoming Senate. While Crago said he is also frustrated with the Biden administration’s energy approach and believes Wyoming should fight back against it, Crago does not believe calling a special session is the right answer.

“Instead of wasting money on a special session just to talk about fighting, we should be using it to actually fight the federal overreach,” he said. “That is why I voted for the budget, which already includes money to defend our state.”

During this year’s session, the Legislature added $1.8 million to the federal bill for the state’s natural resources policy within the biennial budget, which can be used for various mineral and environmental disputes. Jennings and most members of the Freedom Caucus voted against the budget.

Bear said Gordon’s veto of a bill that would have given the Wyoming Legislature $75 million to take legal action to fight the federal overreach was more important.

Some movement is taking place

Gordon filed three lawsuits in May challenging controversial federal environmental regulations that could economically cripple the Cowboy State’s coal and natural gas power plants and potentially put coal’s relevance as a revenue stream in America on the back burner.

The call comes in response to an Environmental Protection Agency rule issued in April that was intended to phase out coal- and natural gas-fired power plants over the next decade.

The Wyoming Energy Authority has opened a request for proposals (RFP) from “companies, organizations and individuals” to secure services in support of lawsuits against the EPA’s recent proposal that could result in the early retirement of in Wyoming-based power plants.

The RFP closes on Friday.

WEA Director Rob Creager told Cowboy State Daily that it is taking $300,000 from a $1.2 million litigation fund set up by the state Legislature a few years ago to combat Washington’s efforts to end its reliance on the power grid of fossil fuels for power stations. In a May letter to Creager, Gordon said this money will be used for the Wyoming Energy Authority to contract with entities that can assist Wyoming “pending litigation.”

In a June 3 letter to the governor, the Freedom Caucus said this effort falls far short.

“If you actually believe that a transfer of $300,000 to your Energy Authority is sufficient to wage a battle of this magnitude, you either completely misunderstand the gravity of the situation we are in (which is bad), or are you trying to convince the public to convince you that you are fighting when in reality you are not (which is even worse),” the letter reads.

The EPA rule also affects the state’s efforts to boost investments in carbon capture equipment at power plants to reduce toxic air emissions, Creager said.

Decarbonizing the West

Carbon capture initiatives are a hallmark of Gordon’s energy platform, which was central to his Decarbonizing the West initiative released Tuesday on behalf of the Western Governors Association.

Gordon launched the initiative a year ago to explore how decarbonization strategies can put Western states at the forefront of energy innovation, reduce carbon dioxide in the atmosphere and strengthen the economy, while boosting efforts fossil fuels can continue. The initiative explores a wide range of technical approaches to decarbonisation, as well as natural sequestration through improved land and agricultural management practices.

“Western governors have a long tradition of addressing complex issues in thoughtful and bipartisan ways that often lead to national policy reforms,” Gordon said in a news release. “This topic is not easy. I chose it because it is important to gain a comprehensive understanding of the strategies and technologies that can be used in controlling CO2 emissions.”

Bear believes these strategies are in direct conflict with Wyoming’s legacy industries.

“The governor is bragging about lawsuits and defending the coal industry, while at the same time promoting his Western governor’s efforts to decarbonize the economy,” Bear said. “It is oxymoronic if true that he wants to protect Wyoming’s old industries.”

Leo Wolfson can be reached at [email protected].