Wyoming Lease Reversal
The Wyoming State Board of Land Commissioners originally granted the leases to Focus Clean Energy for wind turbines in a 4-1 vote in April. However, following the court ruling, the board flipped, voting 3-2 to rescind the leases and subsequently 3-2 to direct the state attorney general not to appeal the decision. The two dissenting votes came from the governor and the state treasurer, the latter of whom has been a vocal supporter of trust land projects that maximize revenue for schools.
Before the final vote, ASTL Board member Marguerite Herman expressed deep concern regarding the damage to the state's ability to negotiate future revenue-producing leases. She questioned whether the board was abandoning its fiduciary duty to avoid local friction.
“Is political difficulty now a guiding principle for the board? Or is it going to be the best situation that produces revenue, consistent with your trust duty for public education?”
The reversal leaves a significant hole in projected funding for Wyoming's public education beneficiaries, who rely on the "best use" of state lands to minimize the tax burden on citizens. Neighboring ranchers may be celebrating what they see as a victory for the preservation of ranching culture, but the state's duty to public schools remains clouded.
For its part, Focus Clean Energy remains undeterred. The developer stated they are confident the Wyoming Supreme Court will eventually reinstate the leases, arguing that the technical definition of "wind leasing" should evolve alongside the technology of the energy transition.
CALL TO ACTION: Advocates for School Trust Lands believes in win-win solutions. Maintaining views, or the health of livestock, does not have to come at the expense of funding public schools. We urge ranchers, policymakers, and resource developers to sit at the table and develop better solutions. Contact Advocates for School Trust Lands to get involved.