Conmpiled by WEN Staff/Original Source

CHEYENNE - The “gold rush” of wind energy development currently underway in Wyoming presents great possibilities but also problems for the state, Wyoming Governor Dave Freudenthal said this week in a detailed letter to Sen. Jim Anderson and the members of the Wyoming Legislature’s Wind Energy Task Force.

“As the nation moves to some sort of carbon reduction strategy, the advance of wind and solar energy generation, under the broad label of ‘green energy,’ has come to Wyoming with a “gold rush” pace - and almost more concerning - ‘gold rush’ mentality,” the Governor said. “Seemingly every acre - sage grouse core area, private, state and federal lands, important viewsheds and otherwise - is up for grabs in the interest of ‘green, carbon-neutral technologies’ no matter how truly ‘brown’ the effects are on the land.”

Wyoming already possesses some of the nation’s largest natural gas fields, massive amounts of coal and other minerals, hundreds of thousands of acres of grazing and other agricultural lands and about 54 percent of the sage grouse in the world, the Governor noted. Inside the state’s borders is also about half of the best wind power potential in the United States and the possibility for significant solar energy generation.

“Wyoming stands at the headwaters of two entirely divergent courses: one that leads to promise and the other that threatens our way of life,” the Governor wrote. “While this may seem melodramatic to some - we in Wyoming know and respect the “razor’s edge” on which we are precariously balanced relative to sage grouse and other sensitive wildlife species, our economic sustainability and private property rights.”

Wyoming residents closely guard the “seemingly incongruent principles of certainty and flexibility,” he continued. “We want certainty when we face risk, and flexibility to take advantage of new opportunities.”

The Governor emphasized the importance of the task force’s work and highlighted four particular areas of concern:

1. Conserving sage grouse and other sensitive species - 54 percent of the world’s sage grouse live in Wyoming, more than 82 percent reside in core habitat areas. “Most of our traditional industries have been willing to forego new activities in this prime habitat until either populations are re-established elsewhere or technology advances to the point that industrial development and sage grouse are seen as wholly compatible,” he said. “I cannot speak with the same certainty with regard to wind development.”

2. Shifting the burden to developers in core habitat areas - “As the task force proceeds, given the devastating impact an Endangered Species Act listing would have not only on wind, but all other industries in our state - I would ask that you treat core areas, and other crucial habitats, with added caution - ascribing a “burden-shifting” premise that means inside core areas and key habitat, the burden is on the developer to show that they will do no harm. Unless and until they have met this burden, with real data, no authorization should be granted - either as a function of Industrial Siting and Development Act authority or otherwise.”

3. Impacting local governments - “With wind (development), we hear of the tax revenues generated as though the industry is going to displace coal and oil and gas as the underpinning of our economy. Unfortunately, the numbers simply do not pencil out. I ask that your committee ensure that state and local governments get a clear answer to the question of ‘What is in it for me?’”

4. Impacting private property owners - “I would ask that you look at the impacts of wind generation - and more so transmission - on private property rights particularly for transmission lines with voltage below the current Industrial Siting and Development Act jurisdiction. We must do all we can to avoid confrontation and attempt to meet everyone’s needs - hopefully short of the courtroom. However, given the potential use of condemnation, especially when siting and permitting linear rights-of-way, we must do all we can to guard against abuse and ensure fairness.”

The legislative Wind Energy Task Force was formed in the 2008-2009 session to study various aspects of the legal framework surrounding wind energy development including state statutes related to industrial siting and the authority of the Public Service Commission; federal statutes related to state and county authorities and other issues pertaining to wind energy development and its associated transmission infrastructure.

The Governor offered the task force the full support of his office as the group begins to address the many topics that relate to wind energy production and transmission in Wyoming.

“While we are only starting to understand the benefits and other implications of such development in our state, the “gold rush” pace that has attended both the general wind policy discussion - here and around the world - and many of the leasing and development projects in Wyoming necessitates that you have the very best information and data at your immediate disposal,” he said.