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‘Corner Crossing’ Case Could Reshape Wyoming’s Trespass Laws | Cowboy State Daily

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‘Corner Crossing’ Case Could Reshape Wyoming’s Trespass Laws | Cowboy State Daily


   ***For All Issues Wyoming, Signal-Up For Our Every day E-newsletter***

By Mark Heinz, Outdoor Reporter
Mark@CowboyStateDaily.com

Recognizing {that a} pending lawsuit over a “nook crossing” may have sweeping implications for Wyoming’s land entry and trespass coverage, advocacy teams for ranchers and hunters are weighing in. 

The Wyoming Inventory Growers Affiliation and Backcountry Hunters & Anglers each just lately filed briefs associated to the case in federal District Courtroom. 

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Hunters declare that it’s been established by federal legislation that public ought to have entry to “checkerboarded” sections of federal land. The inventory growers say that isn’t true and that the legality of “nook crossing” in Wyoming must be settled by the Wyoming Supreme Courtroom.

A trial for a lawsuit stemming from a nook crossing case involving 4 Missouri hunters is ready to start June 26, 2023, in Casper.



Who Controls The Air?

Checkerboarded land and nook crossings have lengthy been a matter of dispute in Wyoming and throughout the West. Some federal land allocations – notably for the Bureau of Land Administration (BLM) – are intermixed with personal parcels in checkerboard patterns. 

So, to maneuver between BLM parcels, folks should “corner-jump,” which can inevitably put no less than some a part of their our bodies within the air above the personal property. 

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The case involving the Missouri hunters has referred to as into query whether or not landowners additionally management the airspace above their soil on the corners. 

The Incident That Began It All

The case stems from legal trespassing prices filed in opposition to Missouri hunters Bradly Cape, Zachary Smith, Phillip Yoemens and John Slowensky. 

They had been accused of trespassing on Iron Bar Ranch land close to Elk Mountain whereas trying to cross from one nook of public land onto one other part of public land in September 2021. 

A Carbon County jury later discovered them harmless of the costs.  

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Iron Bar Holdings LLC and its proprietor, Fred Eshelman of North Carolina, subsequently filed a civil lawsuit in opposition to the hunters, claiming that they had violated the ranch’s air area – and harm his property worth – after they used a ladder-like system to cross a fence from one parcel of public land to a different at a checker-boarded nook with ranch property.  

Public Locked Out?

The Iron Bar case is important as a result of it highlights how the general public has been unjustly locked out of thousands and thousands of acres of federal public land throughout Wyoming and the West, the backcountry hunters declare of their temporary. 

In some instances, land brokers have gone as far as to promote checkerboarded sections of public land as primarily coming with the ranches they’ve on the market, the hunters declare. 

They contend {that a} ruling in favor of the hunters would set up a precedent of reigning in violations of federally established requirements in opposition to unjustly hindering public entry to federal lands.

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“A non-public landowner with half the possession of a nook doesn’t have a veto over entry by the proprietor of the opposite half of the nook – particularly the federal authorities – and by extension, the folks of the USA,” the backcountry hunters’ temporary states.

Entry Not Implied?

The inventory growers dispute that of their submitting, claiming that the “checkerboard” land grants by Congress in the course of the settlement of the West got here with no such implied public entry. As a substitute, the first objective was to order things like mineral and transportation rights for the federal government.

“These reservations make it clear that Congress was effectively conscious of its skill to order vital rights in granted lands,” the inventory growers’ temporary states. “Nonetheless, Congress didn’t reserve any rights for public entry within the “checkerboard lands” in western states. Consequently, the businesses who administer these lands have lengthy cautioned members of the general public in opposition to crossing personal lands to entry federal lands.”

Furthermore, whether or not “nook crossing” is trespass shouldn’t be settled in federal courtroom; quite, by the Wyoming Supreme Courtroom, the inventory growers argue. 

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   ***For All Issues Wyoming, Signal-Up For Our Every day E-newsletter***





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Wyoming

Dow, State of Wyoming and University of Wyoming partner to advance oil recovery

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Dow, State of Wyoming and University of Wyoming partner to advance oil recovery


Field pilot projects under the Wyoming Gas Injection Initiative will extend the life of oilfields and recover more oil with fewer resources

MIDLAND, Mich., May 16, 2024 /PRNewswire/ — In a unique state-university-industry collaboration, Dow (NYSE: DOW), the State of Wyoming and the University of Wyoming have come together to launch The Wyoming Gas Injection Initiative (WGII), a program designed to enhance oil well productivity and recovery from existing fields and wells in Wyoming.

WGII will provide field pilot testing of advanced oil recovery methods, such as foam-assisted gas injection using recovered hydrocarbon gases, carbon dioxide or other gases for revitalization of oil fields, as well as mitigation of greenhouse gas emissions by operations in Wyoming. The State of Wyoming will provide $25 million in matching funds through the University of Wyoming to assist the oil and gas operators selected for the project – including, Ballard Petroleum Holdings, Devon Energy Corp. and Occidental – on enhanced recovery projects over a five-year period. Private operators selected for WGII contribute $25 million to the pilot, matched by $25 million from the state. As part of these projects, Dow and the Center of Innovation for Flow Through Porous Media (COIFPM) at the University of Wyoming, along with the oil and gas operators, will implement technologies to catalyze the beneficial use of greenhouse gases for carbon sequestration and oil recovery.

“The Wyoming Gas Injection Initiative is a powerful example of the possibilities that can be brought to life through collaboration with like-minded organizations, in this case meeting the world’s growing energy demand with more sustainable technology,” said Pankaj Gupta, business vice president, Dow Industrial Solutions. “Our team is proud to share our materials science portfolio and experience to help shape a future where oil recovery is optimized, resources are conserved, and greenhouse gas emissions are significantly reduced in Wyoming and across the globe.”

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Dow will support the field implementation and the research activities to be conducted at COIFPM by providing tailored conformance control agents (foaming additives) and sharing learnings from previous field pilot projects. Initial research will develop novel formulations using Dow’s ELEVATE™ additives, which have the potential to increase oil production significantly and extend the economic life of oil assets. These formulations will then be further optimized and piloted in several Wyoming-based reservoirs with the selected oilfield operators to improve the utilization efficiency of gas injection recovery techniques.

“In Wyoming, our energy strategy is focused on using the full value of our energy resources and enhanced oil recovery is an important part of that strategy,” said Governor Mark Gordon. “The Wyoming Gas Injection Initiative will not only help breathe new life into our oilfields, but also allow us to recover oil more efficiently while supporting our critical energy and manufacturing industries.”

About Dow
Dow (NYSE: DOW) is one of the world’s leading materials science companies, serving customers in high-growth markets such as packaging, infrastructure, mobility and consumer applications. Our global breadth, asset integration and scale, focused innovation, leading business positions and commitment to sustainability enable us to achieve profitable growth and help deliver a sustainable future. We operate manufacturing sites in 31 countries and employ approximately 35,900 people. Dow delivered sales of approximately $45 billion in 2023. References to Dow or the Company mean Dow Inc. and its subsidiaries. Learn more about us and our ambition to be the most innovative, customer-centric, inclusive and sustainable materials science company in the world by visiting www.dow.com.

About The University of Wyoming
The University of Wyoming is a public land-grant research university in Laramie, Wyo., with eight colleges: Agriculture, Life Sciences and Natural Resources; Arts and Sciences; Business; Education; Engineering and Physical Sciences; Health Sciences; Honors; and Law. The university offers over 200 undergraduate, graduate and certificate programs and is classified as an R2-Doctoral Universities with High Research Activity. https://www.uwyo.edu/index.html

For further information, please contact:

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Sarah Young
+1 989 638 6871
[email protected]

X: https://twitter.com/DowNewsroom 
Facebook: https://www.facebook.com/dow/ 
LinkedIn: http://www.linkedin.com/company/dow-chemical 
Instagram: http://instagram.com/dow_official 

SOURCE The Dow Chemical Company





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Your Wyoming Sunrise: Thursday, May 16, 2024

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Your Wyoming Sunrise: Thursday, May 16, 2024


Today’s Wyoming sunrise was captured by Barb Becker in Torrington. Barb writes, “A beautiful sun peaking out between the clouds over my hayfield in Goshen County.”

To submit your Wyoming sunrise, email us at: News@CowboyStateDaily.com

NOTE: Please send us the highest-quality version of your photo. The larger the file, the better.

NOTE #2: Please include where you are from and where the photo was taken.

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NOTE #3: Tell us about your sunrise. What do you like about it?

NOTE #4: HORIZONTAL photos only. We cannot use vertical.



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RMP: $116M Electricity Rate Hike For Wyoming Due To Inflation, Coal Disruptions

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RMP: $116M Electricity Rate Hike For Wyoming Due To Inflation, Coal Disruptions


LARAMIE — Dick Garlish, who was named president of Rocky Mountain Power (RMP) nearly two weeks ago, said on the sidelines of a Laramie event Tuesday that his utility’s latest request for rate hikes in Wyoming are being driven by inflation, disruptions in its market caused by a Utah coal mine fire and higher coal transportation costs.

RMP wants a Wyoming regulatory agency to permit the utility to raise electricity rates by a combined $116.3 million, or 16.5%, on all of Wyoming’s 144,511 customers. That decision could come as early as this spring.

That’s in addition to an 8.3% increase that went into effect Jan 1. The company had initially requested more than 21%.

Garlish told Cowboy State Daily at Tuesday’s informational workshop to explain to customers why his utility has requested a double-digit rate hike that inflation is the “biggest factor.”

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Inflation had hit as high as 9% in June 2022, before falling to 3.4% for the year period ending in April 2024, the Labor Department announced Wednesday.

Other RMP workshops are planned in Rawlins for Wednesday, Riverton on Thursday, Rock Springs on Friday and Cody on May 28.

In the brief interview with Cowboy State Daily, Garlish likened the rate hike request submitted to the Wyoming Public Service Commission in April to what can happen with a mortgage.

“Simply, one way to think about it is a mortgage, where there is an escrow account to hold taxes and insurance, and it goes up and down based on the value of the land,” Garlish said.

The same metaphorical example has happened with electricity costs, as they fluctuated based on factors such as supply and demand of coal, and taking on more expensive coal supply contracts for some power plants because of unexpected mine closures in Utah last year.

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It’s All In The Formula

RMP, which is owned by the Berkshire Hathaway-backed PacifiCorp based in Portland, Oregon, has stated that the requested rate increases are calculated as part of their annual true-up of fuel costs.

These true-ups are based on a complicated formula involving what the company pays for fuel to burn in power plants, and what they are permitted by regulators to charge customers. The fuel prices fluctuate on an annual basis, which is why utility bills can rise or fall.

Besides inflation impacting the cost of doing business, Garlish said that the rate hike is attributed to coal and fuel supply chain disruptions.

Historically low coal inventories prompted many utilities, including RMP, to increase natural gas generation and buy more wholesale electricity while restocking depleted coal inventories.

In many coal basins nationally, coal pricing more than doubled in 2022 and remained high into 2023.

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This effect on coal pricing was made worse by the war in Ukraine, when many U.S. mines, including those in Utah and Colorado, rushed to take advantage of high coal prices by exporting coal to Europe.

The depleted coal supplies worsened when the Lila Canyon underground mine near Price, Utah, which is operated by Emery County Coal Resources, a unit of American Consolidated Natural Resources, suffered a fire in September 2022, according to Garlish.

The mine, which has been unable to recover from the fire, laid off the workforce earlier this year.

In 2021, Lila Canyon produced nearly 3.5 million tons. Most of the coal was consumed by the Hunter and Huntington power plants in Utah, Garlish said.

Hank Kobulnick, a former pilot with United Airlines who moved from Chicago to Laramie to be closer to his son and grandchildren, attended a workshop held by Rocky Mountain Power to see if the utility could offer electricity savings for his church, United Presbyterian. “We put in a new furnace and LED lights,” said Kobulnick, who said RMP helped defray some of the costs in making these purchases. (Pat Maio, Cowboy State Daily)

Power Savings

Hank Kobulnick, a former pilot with United Airlines who moved from Chicago to Laramie to be closer to family, attended the workshop to see if RMP could offer any electricity savings for his church, United Presbyterian.

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“We put in a new furnace and LED lights,” said Kobulnick, who said RMP helped defray some of the costs in making these purchases. “I’m just looking for ways to save on energy costs.

“If rates go up, I understand why, but there are ways to cut down on the bills.”

He’s considering the purchase of motion detectors that turn off lights in the church as another way to save on power bills.

Ronnie Zimmerman, an engineer with RMP’s Wattsmart business program, said churches, small restaurants, schools and hotels are prime targets for his program to save on power bills and avoid rising costs.

“RMP will help with LEDs and subsidies,” said Zimmerman, pointing to customers who receive discounts through bulb purchases at Home Depot and Lowes home improvement stores that RMP helps with.

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“People should care about these programs because everyone is feeling pinched,” he said. “To reduce electricity usage means to keep your bill flat.”

RMP’s latest rate hike comes on the heels of a controversial rate case last year when RMP wanted to boost everyone’s power bills by nearly 30%. Through litigation between the PSC and RMP, and following angry public hearings throughout the state, the rate increase was whittled to 8.3%, giving RMP $53.9 million.

The 8.3% increase last year, which went into effect at the beginning of 2024, came in a general rate case — which happens every few years.

The hike request filed in April is the standard energy cost adjustment that RMP does annually.

In this case, RMP wants to raise monthly power bills across the Cowboy State by 12.3%, or about $86.4 million for residential, commercial and industrial customers. The other 4.2% would be realized through a tax benefit.

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On average, residential customers will see their monthly bills rise 9.3%, or about $12 per month on their utility bill if the whole increase is approved.

Ronnie Zimmerman, an engineer with Rocky Mountain Power’s Wattsmart business program, said churches, small restaurants, schools and hotels are prime targets for his program to save on power bills and avoid rising costs. On Tuesday, Zimmerman said at a workshop held by Rocky Mountain Power, which is seeking a  $116.3 million rate hike for Wyoming customers, that his Wattsmart can help people keep their bills flat.
Ronnie Zimmerman, an engineer with Rocky Mountain Power’s Wattsmart business program, said churches, small restaurants, schools and hotels are prime targets for his program to save on power bills and avoid rising costs. On Tuesday, Zimmerman said at a workshop held by Rocky Mountain Power, which is seeking a $116.3 million rate hike for Wyoming customers, that his Wattsmart can help people keep their bills flat. (Pat Maio, Cowboy State Daily)

Hidden Costs

There are typically many complicated factors involved in determining electricity bills.

The rate hike RMP announced in April is an annual cost adjustment, which is subject to review by the PSC.

The general rate increase is different than the annual energy cost adjustment that RMP wants to recover from all customer classes beginning in July.

There are other cost pressures hitting the bills of RMP’s customers.

For instance, the 12.3% increase doesn’t include a key tax benefit that effectively lowers a customer’s bill.

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That tax benefit for electricity customers contained in the Tax Cut and Jobs Act of 2017 goes away beginning July 1.

Over the past three years, customer bills included the tax benefit totaling nearly $85 million. It’ll have the effect of adding another 4.2%, or $29.9 million, to everyone’s utility bills once the tax benefit goes away.

Between the annual energy cost adjustment and the tax benefit going away, a typical residential customer using 700 kilowatt-hours of electricity per month would see their monthly bill rise $16.

Garlish told Cowboy State Daily that RMP had wanted to spread out the tax benefits for Wyoming customers over a much longer period so that it could minimize the financial disruption caused by the $85 million subsidy over a three-year period.

Before joining PacifiCorp in 2020, Garlish served as senior vice president and general counsel at Peak Reliability, a Washington-based firm that worked on reliability services and markets in the U.S. West.

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Earlier in his career, he held several senior positions at Boise-based Idaho Power Co., including senior counsel, director and general manager.

Garlish also served as senior corporate counsel at Sioux Falls, South Dakota-based NorthWestern Energy Group Inc.

Overall, Garlish oversees an RMP territory of more than 1.2 million customers throughout the Cowboy State, Idaho and Utah.

Pat Maio can be reached at pat@cowboystatedaily.com.



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