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Attorney Says Wyoming GOP Can’t Claim Autonomy When It ‘Sat On’ Rights For 40 Years

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Attorney Says Wyoming GOP Can’t Claim Autonomy When It ‘Sat On’ Rights For 40 Years


The Wyoming Republican Party can’t use its autonomy rights as a defense when sued if it “sat on” those rights for 40 years, an attorney suing the party argues.

A group of Hot Springs County Republican Party leaders sued the Wyoming Republican Party, its Dispute Resolution Committee and a few of its officials last year, alleging that the party violated state law by giving voting power to outgoing officials who weren’t precinct delegates chosen by a vote of the people.

While this case has been unfolding, the Wyoming Republican Party announced that it’s going to quit following the state laws that pertain to it in light of a 1989 U.S. Supreme Court case, Eu v San Francisco County Democratic Central Committee, affirming parties’ rights to dictate their own fate as private groups.

“We are reasserting, not asking for our rights,” Wyoming GOP Chair Bryan Miller said at the state party’s April 23-25 convention. “Wyoming will have to fight this if they want to fight this.” 

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Miller also said that, “the party’s rights have been violated for nearly four decades.”

Why Didn’t They Say So Before

The state GOP cited that same case and filed that same defense in the Hot Springs County case.

The plaintiffs’ new attorney Kate Mead, who replaced the original attorney Clark Stith as the latter is now a judge, told a court Friday that this logic doesn’t work.

That’s because of a legal concept called “laches.”

It means that when someone takes “unreasonable delay” in asserting his rights, and others suffer for that delay, the court will deny relief to the person who caused that delay, according to Black’s Law Dictionary.

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Mead pointed to Miller’s comments to the convention’s bylaws committee.

“The chairman of the WRP’s statements … were the first that plaintiffs learned that the WRP had sat on its constitutional rights argument for nearly 40 years,” wrote Mead in her argument. “Why hasn’t the WRP sought review of Wyoming election law prior to this case?”

Mead noted that the Wyoming Supreme Court told a subgroup of the GOP, the Uinta County Republican Party, how to notify the Wyoming attorney general when launching a constitutional challenge during its 2023 case on these same arguments about autonomy.

“WRP’s delay of nearly 40 years, according to their own chairman, is undeniably inexcusable as a matter of equity,” wrote Mead. “WRP failed to file a direct constitutional challenge against the state, instead causing the plaintiffs here untold disadvantage, injury, time and money.”

Mead noted that the 2023 Uinta County case stemmed from the same basic dispute about which party leaders can vote, and whether the party can rely on its own bylaws rather than state law for that decision.

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“And, as expected, here we are again,” she said, chalking the recurring dispute up to a lack of clarity and the party’s delay in vindicating its rights in court.

She’s asking the case judge, Uinta County District Court Judge James Kaste, to let her add her argument into this case.

Kaste is also expected to make a decision in the coming days on whether to dismiss the case or keep it alive for trial, a phase called “summary judgment.”

But That’s New

That’s not the whole story, Miller told Cowboy State Daily in a Wednesday phone interview.

The party has long had clashes over its rights and the restrictions state law places on it, but he didn’t know about the Eu case until Jan. 17 of this year when the party’s attorney, Caleb Wilkins, unearthed it for him, Miller said.

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Before that point, the existence of that case was a theme of “scuttlebutt,” Miller said.

“I had heard there was a case out there. I’ve since found out that they tried to bring it up in the Uinta County case,” he said.

But Frank Eathorne was the state GOP chairman at that time, and Uinta County waged that case apart from the state party besides, said Miller.

He said the Eu case probably would have changed the outcome for Uinta County GOP, but the Wyoming Supreme Court wouldn’t hear that argument.

That’s because no one notified the state attorney general that the state’s laws were under attack as unconstitutional, as the law requires, court documents say.

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“I’d been bugging our attorney, you know, for a couple months, December timeframe,” said Miller “Then January he goes, ‘I found the case you’re talking about.’”

Miller told bylaws committee members on April 23 that the party intends to challenge Wyoming in federal court to vindicate its rights.

He told Cowboy State Daily on Wednesday it’s getting close to filing.

Meanwhile, The AG

Wyoming Attorney General Deputy Megan Pope is defending Wyoming’s laws in this case and asserts they’re constitutional. 

While Pope has acknowledged the power of Eu, she’s also pointed to later cases setting up a tiered test by which a state may survive a party’s claims of autonomy by showing that its laws only burden the party minimally.

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On Friday, Pope added another argument: the state Republican Party is not wholly private. It manages public functions.

Wyoming law tells major parties that their county central committees must comprise people elected at the primary election from within their respective neighborhoods. 

It tells them to help fill vacancies when partisan elected officials leave office mid-term, as the party matching the incumbent’s affiliation chooses three nominees to replace him.

And state law tells the major parties they can’t financially back one candidate over another in the primary election. That’s generally read to mean the parties can’t endorse candidates in the primary election.

Party leaders at the convention April 25 said the party wants to endorse candidates, impose loyalty tests and assert its autonomy in other ways.

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“These statutes do not intrude on private associational rights,” wrote Pope in her new Friday argument. “Instead, they regulate the composition of party committees that perform public functions.”

She pointed to cases addressing that quasi-public category.

“The First Amendment protects a party’s right to organize itself and conduct its own affairs,” wrote Pope, with a  reference to the Eu case, “But when a party exercises powers ‘traditionally exclusively reserved to the State,’ it is treated as a state actor and its actions become subject to constitutional constrain under the public function doctrine.”

The quote within Pope’s quote there is from the 1974 U.S. Supreme Court case of Jackson v. Metro Edison Co. — addressing the public functions of public utilities.

This case is ongoing, and Kaste has not yet ruled whether to dismiss it as too legally settled for trial or let it go to a jury.

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Clair McFarland can be reached at clair@cowboystatedaily.com.



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Once-bankrupt Wyoming pipeline could get a boost from massive Utah data center – WyoFile

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Once-bankrupt Wyoming pipeline could get a boost from massive Utah data center – WyoFile


For more than a decade, the Ruby Pipeline has carried natural gas across the West, cutting through northern Utah with little public attention.

Now, the 683-mile pipeline has been thrust into the spotlight after developers touted it as a key piece of a project that could turn a remote Box Elder County valley into one of the nation’s largest energy and data center hubs.

State backers and developers have described the pipeline as a “catalyst,” saying it could fuel on-site natural gas generation needed to power energy-intensive artificial intelligence facilities at a proposed “hyperscale” data center and energy campus backed by celebrity investor Kevin O’Leary and Utah’s Military Installation Development Authority.

The data center project, however, has quickly drawn widespread opposition across the Beehive State, fueled by concerns over what the project could mean for air quality, water resources and the already stressed ecosystem around the Great Salt Lake.

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The pipeline’s renewed attention comes years after the company that owned it filed for bankruptcy following the expiration of long-term shipping contracts, court records show, and a financial downturn that reshaped how much of its capacity was being used.

However, Vladimir Dvorkin, a power systems professor at the University of Michigan, said the massive data center project could effectively breathe new life into the pipeline by tapping some of its unused capacity.

Dvorkin said the pipeline has been underutilized over the years, but it “looks like the data center project is sort of a revival of this project.”

What is the Ruby Pipeline?

The pipeline stretches across the high desert from the Opal natural gas hub in southwestern Wyoming, crossing northern Utah’s remote rangelands and Nevada before ending in Malin, Oregon, a major hub for energy trading in the West.

It relies on four compressor stations along its route, including the Wildcat Hills station in western Box Elder County.

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(Christopher Cherrington | The Salt Lake Tribune) Credit: (Christopher Cherrington | The Salt Lake Tribune)

Built during the shale gas boom, the pipeline entered service in 2011 and was hailed as a major piece of Western energy infrastructure. According to the U.S. Energy Information Administration, it increased the region’s capacity to move natural gas west by more than 50% and expanded delivery into northern California.

The 42-inch interstate pipeline can transport up to 1.5 billion cubic feet of natural gas per day, according to the federal agency.

Debts pile up

But the economics that once supported the Ruby Pipeline began shifting soon after it was built.

In 2022, Ruby Pipeline LLC — the company that owns the pipeline — filed for Chapter 11 bankruptcy because it didn’t have enough cash to pay off $475 million in debt, according to bankruptcy court filings.

Ruby Pipeline was a joint venture between energy infrastructure giant Kinder Morgan and Calgary-based pipeline operator Pembina Pipeline Corporation.

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In bankruptcy filings, Will Brown, vice president of business management for Kinder Morgan’s Natural Gas Pipelines West Region, wrote that market conditions changed in ways the project’s original business model had not anticipated.

When the pipeline was built in 2010, he wrote, the company signed long-term agreements with 12 customers to reserve about 1.1 million dekatherms of natural gas capacity per day — covering most of the pipeline’s capacity.

However, most of those agreements lasted 10 years and expired in July 2021, Brown wrote.

The company struggled to replace those contracts as Western energy markets changed, according to Brown. Growing natural gas production elsewhere drove down prices and weakened demand for Rocky Mountain natural gas, he wrote.

By March 2022, about 40% of the pipeline’s daily capacity remained under contract, Brown wrote. As those contracts expired without replacement customers, the company’s revenue declined, leaving it unable to meet upcoming debt obligations.

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Later that year, Tallgrass Energy agreed to buy the pipeline out of bankruptcy for $282.5 million, according to court filings. In a court-ordered auction in December 2022, Tallgrass outbid competing offers, including a $276 million bid from a Kinder Morgan affiliate, filings show.

Will the data center raise gas rates?

The project’s backers initially said the first phase, which would be built in Hansel Valley where the pipeline runs through, would require about 3 gigawatts of power, nearly matching Utah’s average statewide electricity use of roughly 4 gigawatts. Amid growing public outrage over the project, Gov. Spencer Cox said developers had agreed to scale the first phase down to 1.5 gigawatts.

At full buildout, Paul Morris, MIDA’s executive director, said the campus would reach 9 gigawatts.

Hansel Valley, on Tuesday, April 28, 2026. (Rick Egan | The Salt Lake Tribune)

Austin Pritchett, co-founder of developer West GenCo and a partner with O’Leary on the project, said during an April 27 Box Elder County Commission meeting that the pipeline could help supply fuel for on-site natural gas generation to power energy-intensive AI computing facilities.

The data center would tap into some of the pipeline’s unused capacity not currently under contract, Pritchett said. Because of that, he said it should not affect existing gas customers or raise rates.

But Dvorkin, who studies how data centers interact with electrical grids, said tapping the pipeline’s unused capacity could have a broader effect on energy costs.

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To generate more power than Utah’s current statewide electricity use, the project could require a substantial amount of natural gas, Dvorkin said. While the Ruby Pipeline may have capacity to move that fuel, he said the question is whether regional supply can keep pace with a major new source of demand.

Rocky Mountain Power’s gas-fired plants draw fuel from the same broader supply network connected to the Opal Hub in Wyoming, where the Ruby Pipeline begins, Dvorkin said.

If a large data center campus begins buying substantial amounts of natural gas, it could increase competition for gas and tighten supply, potentially pushing prices higher even though the project may never touch the grid, he said.

Those fuel costs, he said, can then be passed on to customers through electricity and heating bills.

“It feeds Oregon, California and Nevada’s gas utilities, meaning that the presence of such a large consumer in Utah will also affect gas prices for everyone downstream the pipeline,” Dvorkin said.

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However, Dvorkin said any rate impacts depend on future gas production, how the gas is contracted and how much fuel the project ultimately uses.

While project backers have said the development would rely completely on the Ruby Pipeline to supply natural gas for on-site power generation, Gov. Spencer Cox said last week that the project would “never” run solely on natural gas and that later phases should incorporate other energy sources, including nuclear, geothermal and solar power.





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Proposed Seminoe pumped storage project draws criticisms at Wednesday public meeting

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Proposed Seminoe pumped storage project draws criticisms at Wednesday public meeting


CASPER, Wyo. — A proposed pumped storage hydroelectric facility at Seminoe Reservoir drew strong criticism Wednesday at a public meeting in Casper that featured dozens of community members, conservationists and elected officials. The event was hosted by a number of organizations, including Friends of the North Platte, Trout Unlimited, the Wyoming Wildlife Federation and the Wyoming Wild Sheep Foundation.

In an April presentation to the Natrona County Board of County Commissioners, representatives from rPlus Hydro — the company behind the proposed project — said the facility would generate 970 megawatts of power. The planned system would pump water from Seminoe Reservoir to a new 120-acre upper reservoir during periods of surplus energy, releasing it back down through turbines when demand peaks to provide up to 12 hours of full-output energy storage. The project requires the construction of an access bridge, an underground powerhouse, a main access tunnel and a 29-mile transmission line to the Aeolus substation.

However, community members at the meeting voiced a wide range of concerns about possible drawbacks to the project.

Trout Unlimited representative Jim Hissong said the project could have serious impacts on the fish populations of Miracle Mile, a 5.5-mile tailwater stretch of the North Platte River located about 50 miles southwest of Casper, where the project is planned to be built.

Hissong said the impact on fish and insects will be twofold. First, he said the facility is expected to raise water temperatures, which would endanger the fish.

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“Trout, when it’s about 68–70 degrees — when you hook them, the stress on the fish will be so great that it’ll kill them,” he said. “That’s why Game and Fish puts on the restrictions where once it hits a certain temperature, you pick up your rods and go home.”

Hissong added that the expected increase of sediment in the water could kill insects like mayflies and stoneflies, as well as suffocate trout eggs.

However, the project could impact more than just the aquatic species in the area, Wyoming Wild Sheep Foundation Executive Director Katie Cheesbrough said. According to Cheesbrough, the area’s bighorn sheep population — which she said is the biggest in the state and critical for the species’ health in the region — could also be harmed.

“For those of you who don’t know, you have a very special bighorn sheep herd above and around the Miracle Mile,” she told attendees at the meeting. “It’s a huge success for bighorn sheep conservation. This is a reintroduced herd and it went from 13 sheep maybe in 2003 to close to 400 sheep now. That effort came with a lot of partnerships, funding and work. Currently, it’s the healthiest bighorn sheep herd in the state. … This is the only bighorn sheep herd that we can use to reintroduce sheep to their native range in other parts of Wyoming or other parts of the country.”

But it wouldn’t be the impacts to the water that would pose the largest threat to the sheep. Instead, Cheesbrough said, the sheep would likely be driven away by blasting that is expected to take place over several years as the project gets underway.

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When the sheep are driven out, Cheesbrough said they will migrate east to the Pedro Mountains in Carbon County, though they are not allowed to live there and will be subsequently removed. From there, she said, the animals will likely die.

“Removal is killing,” she said.

With impacts to the animals and environment expected, Trout Unlimited Wyoming Government Relations Director Patrick Harrington said impacts to outdoor recreation and tourism would follow. Citing a draft environmental impact study, Harrington said the area is projected to see roughly 117,000 lost recreation visits during the five-year construction period. Once completed, he said, the disturbance to the water, wildlife and landscape would likely continue to affect recreational visits.

“I think we’ll see a decline in the fishery, first initially in construction, when we may see large fish kills from large plumes of sediment going downstream. But over time, through consistent operation, we’ll see what was once a world-class fishery decline into just an average fishery,” Harrington said.

Sen. Larry Hicks, who represents Wyoming’s 11th district, said that the electricity generated by the project likely won’t be used by Wyomingites.

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“This is going to go out of state, folks. We don’t need this electricity in Wyoming,” Hicks said, adding that 75% of the energy consumed in Wyoming is generated by oil and coal. “Let’s just make that clear: We’re a net exporter right now.”

“It isn’t going to be the people in Las Vegas or southern California or Phoenix that suffer the impact — it’s you and your family. Sometimes you just have to know what’s not for sale,” Hicks added, drawing applause from attendees.

On Thursday, the Travel, Recreation, Wildlife & Cultural Resources Committee of the Wyoming Legislature will meet at 8:35 a.m. at the Thyra Thomson State Office Building, 444 W. Collins Drive, to discuss the project.

Harrington urged those in attendance to attend the Thursday morning meeting, and said he was encouraged by the turnout at Wednesday’s event.

“This is a community that cares about their river and their wildlife, and it was awesome to see so many turn out to support it,” he said.

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What to expect in Wyoming’s Grand Teton, Yellowstone parks as summer kicks off

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What to expect in Wyoming’s Grand Teton, Yellowstone parks as summer kicks off





What to expect in Wyoming’s Grand Teton, Yellowstone parks as summer kicks off – County 17



















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