Editor’s Note: This story has been updated to include more information on the Pronghorn H2 project and public comments made about it.
A state land board special meeting Thursday focused on a controversial wind project deteriorated into an argument between Wyoming’s governor and secretary of state.
More than five hours into the State Board of Land Commissioners (SBLC) meeting, Gov. Mark Gordon asked Secretary of State Chuck Gray, “Step outside? You want to step outside?”
Gray responded, “Are you threatening me?”
In an email to Wyoming Public Radio (WPR), Gordon’s office said it was not a threat. Specifically, the “governor wished only to step outside and have a conversation with the secretary to try and understand his points.”
Gray characterized Gordon’s statements as a “fake tough guy persona” in an email to WPR.
Prior to the “step outside” comment, Gordon and Gray were in disagreement on the state’s handling of a wind project slated for Converse County.
The Pronghorn H2 wind lease was initially approved by the SBLC last spring in a 4-1 vote, with only Gray dissenting. That decision was overturned by District Court Judge Scott Peasley in a Dec. 5 ruling, saying the board violated its own rules by approving the lease. Gordon has since directed Attorney General Keith Kautz to appeal the ruling to the state Supreme Court, as there’s concern Peasley’s interpretation of the rules could affect other state laws.
During the SBLC’s most recent meeting, Gray asked Gordon to instruct the attorney general to not “undercut the will or the decision power of this board.” Gray said there are “things he [attorney general] could do.”
Gordon responded, “I think to cast aspersions on the attorney general, former justice, I just don’t think that’s a good idea.”
The two men began to talk over each other. Gray said, “I take deep umbrage at you saying I cast aspersion.”
Gordon quickly retorted, “I take deep umbrage at you,” followed by the “step outside” question.
Superintendent of Public Instruction Megan Degenfelder attempted to interject twice, seemingly to bring the board back into decorum. Both times Gray held his arm out toward her in a stopping motion, first saying, “Hold on,” and then saying, “Please stop interrupting me.”
Under the board’s policy for decorum and civility, board members must request a break before leaving their seats to conduct private conversations. The policy also calls for meeting attendees to refrain from “distracting side conversations or speaking out when another person is talking."
In an emailed statement to WPR, Degenfelder said, “I'm not interested in theatrics. I am staying focused on delivering results for Wyoming. That's what Wyoming should expect from its leaders.”
In Gray’s email to WPR, he wrote, “I am the adult in the room and my actions show it. As can be seen on the video, I said ‘Let's get back to the issues.’”
Gray has openly opposed the project. He’s called it part of a “woke wind” agenda and has said the public didn’t receive enough opportunities for input. The latter was one of the reasons the SBLC held the special Jan. 8 meeting.
Pronghorn H2
The vast majority of speakers, many local Converse County ranchers, were in strong opposition to the project at the special meeting. In fact, the legal battle that led to Judge Peasley’s overruling of the SBLC’s approval was led by local rancher Mike Stephens.
Their concerns largely hovered around water supply, viewshed, wildlife migration, private property rights and a general mistrust of government. Much of the public echoed the sentiment that they weren’t included enough in the decision-making process.
The $1.7 billion Pronghorn H2 project would span about 40,000 acres of state and private lands near Glenrock, with developer Focus Clean Energy LLC leading the efforts.
The wind lease is just one component. It’s actually a hydrogen energy project. But to extract the hydrogen requires power.
Enter the contentious roughly 200 wind turbines.
The company says the extracted hydrogen can be combined with other ingredients and used for electricity generation, transportation fuel and fertilizer. Depending how hydrogen is produced, it’s considered an environmentally clean power source.
However, Judge Peasley said the issue with SBLC’s approval of the permit is the wind component. Wyoming administrative rules specify that wind energy leasing has to be for projects that connect back into the greater electric transmission grid. Pronghorn H2 would be using the wind power for its hydrogen extraction, and it’s unclear if that product will flow onto the grid.
In Attorney General Kautz’s press release notifying of his appeal, he wrote, “Under the law, the Attorney General has the sole responsibility for determining whether litigation by or against the state of Wyoming goes forward or not. I have carefully considered the legal issues involved in the case, including the decision by the District Court in Converse County. My conclusion is that it is necessary to appeal.”
At the SBLC special meeting, board members were sympathetic to the disgruntled public.
“I am here to listen. I am here for you to yell at me and tell me what I got wrong, and I am trying to do better next time,” said State Auditor Kristi Racines.
Gray made a motion to rescind the wind energy leases issued to Pronghorn H2 based on Judge Peasley’s ruling.
Because this was a special meeting that only gave public notice for testimony, there was concern any decision not noticed prior would be void. Similarly, board members were unclear how further movement by the board would play with Peasley’s order and the appeal to the Supreme Court.
Gray said the board has been hampered from making decisions on this project because of how it’s been noticing its meetings. He asked for another special meeting ahead of the next regularly scheduled meeting on Feb. 5.
A confusing debate about procedure followed, ending with Gordon’s “step outside” comments.
