Gravel mining company Prism Logistics filed a legal challenge Thursday to the Natrona County Board of Commissioners’ authority to block commercial mining on state-owned land.
The commission violated the Wyoming Constitution, Prism contends, when it amended zoning rules in September that effectively halted a controversial mining project at the base of Casper Mountain. Specifically, the commissioners voted to eliminate commercial mining in Mountain Residential 1 areas, including on a cluster of state-owned “school trust” properties near the southern end of Coates Road just west of Casper, where Prism Logistics proposes to mine gravel.
“The issue of law to be determined by this judicial review is whether or not Natrona County…can promulgate a rule that restricts certain land uses on lands wholly owned by the State of Wyoming,” according to Prism’s petition. “Put more simply, can Natrona County dictate how the State of Wyoming, and its lessees, utilize State-owned land?”
It’s the second recent lawsuit addressing whether the state can supersede a county’s zoning authority and other county regulations on businesses leasing land from the state. The state, via the State Board of Land Commissioners, sued Teton County to prevent it from enforcing its codes and regulations on a section of state land there and won — but an appeal of that ruling is now before the Wyoming Supreme Court.
Prism’s lawsuit elevates the state-versus-counties rift that, according to some, calls into question whether Wyoming’s Republican supermajority truly embraces the once sacrosanct conservative tenet that “local control” is the best approach to public land use — a mantra that’s frequently employed in federal land use controversies here.
The state’s legal stance threatens to unnecessarily mute residents and communities that rely on local officials to elevate their concerns regarding state-sanctioned activities where they live and recreate, according to Natrona County Commissioner Dave North.
“I’m not saying that we should have control over everything on the state lands,” North told WyoFile following the commission’s September zoning amendment. “But I do think that the county commissioners, you know, we’re the closest to the people, and there should be at least some local input considered [by the state].”
Casper Mountain controversy
The State Board of Land Commissioners last year granted Prism mine exploration leases on several school trust sections adjacent to a rural housing area just west of Casper. The board, which is made up of the governor, secretary of state, treasurer, auditor and superintendent of public instruction, approved the lease applications via a consent agenda (without direct review or discussion) and without notifying nearby residents or local officials.
Though neither the state nor Prism sidestepped any rules, nearby residents and Natrona County officials were shocked and angered because they only learned of the state’s action when, in February, they discovered a crew digging test holes at the base of Casper Mountain.
Neighbors formed an opposition group, the Casper Mountain Preservation Alliance, and collected more than 18,000 signatures imploring both county and state leaders to block the proposed operation. In addition to impacts from industrial truck traffic, noise and degraded air quality associated with such operations, mining threatens to interfere with groundwater where hundreds of homes depend on shallow wells for domestic water, nearby residents say.
In response, the State Board of Land Commissioners directed its staff to explore whether it could negotiate with Prism to voluntarily relinquish its state leases there, but no formal negotiations ever took place, according to Prism and state officials. Commissioner North said he and his colleagues, based on the outpouring of opposition from neighbors and others in the county, felt obligated to address the matter, which led to the commission’s zoning amendment in September.
Casper Mountain Preservation Alliance Chairperson Carolyn Griffith noted that her group also implored Prism to consider local anxiety and opposition to its mining proposal and choose another area to mine. However, Griffith told WyoFile, she’s not surprised the company has taken the matter to court.
“We are happy to comply with all laws and hope to get clarification as to which agencies we are accountable as a State lands lessee.”
Kyle True, Prism Logistics
“The [alliance] stands behind the mining industry, but we simply can’t support a project that blind-sided residents and would negatively affect homes and neighborhoods,” Griffith said. “But, Prism Logistics’ decision to push forward in this area has enlightened more than just the Casper community about state permitting and leasing practices. It has enhanced citizen engagement — and that’s the big positive.”
In fact, the Casper Mountain Preservation Alliance filed an amicus brief in Teton County’s appeal to the Wyoming Supreme Court, seeking to argue on behalf of counties to defend local codes and regulations. The episode has also resulted in more public scrutiny of the state’s “limited mining operations” permit exemption, which lawmakers still hope to expand beyond gravel and other benign resources to gold, rare earth and other minerals that now require full environmental review and public input.
“It doesn’t feel good, though,” Griffith said, “because, unfortunately, the homeowners, and now the citizens of Natrona County, are faced with the financial burden of defining why mining in a residential area is wrong.
“Hopefully,” Griffith continued, “the end result will include more thorough investigation from the State Board of Land Commissioners before approving leases to include notification to those affected.”
For its part, Prism has offered several voluntary measures to minimize potential impacts to neighbors, such as daytime-only operations, moving rock-crushing operations to another location and potentially paying for an alternative source of water if domestic wells are impacted.
Prism Manager Kyle True hosted several “town hall” meetings in Casper to try to assuage concerns among residents, and says his company is simply trying to meet growing demand for gravel and aggregate in central Wyoming.
Regarding this week’s filing in Natrona County District Court, True told WyoFile, “We at Prism hope to get clarity from a State Judge on the role of County Commissions setting requirements for the use of State lands. We are happy to comply with all laws and hope to get clarification as to which agencies we are accountable as a State lands lessee.”
I agree with Gordon Townsend. The state board caused this mayhem and they should fix it. They are not listening to the residence and I don’t think they want to hear anymore about it. They will write the petitioners off as NIMBY’s and will side with prism logistics as they already have
I absolutely LOVE this controversy as it exposes the hypocrisy of the conservative positions. They have voted for years against environmental, health and safety requirements as well as those advocating for social justice when siting pollution generating activities and now they are using the same arguments minority groups used to try to oppose this project. They also defend private property rights and scream about inflation but are now willing to abandon their principles and pay more money to live without a little dust.
I guarantee that if this gravel pit was proposed in an area inhabited by mainly minorities there would not be 18,000 signatures on that petition.
I think the best solution is for someone to ask how much it would cost to make Prism go away as the outcomes for mining and the public will end up with negative outcomes if allowed to proceed in the courts. Pay the man the amount he would make off the lease and then lease the land with Natrona County taxpayers footing the bill.
So population of Casper is roughly 60,000–so say 30,000 adults. 18,000 of which have taken the trouble to sign a petition to stop True from gravel mining the beautiful foothills of our mountain. That’s roughly 2/3rds of the adults!
What sort of other issue could possibly claim so much opposition so quickly?!
I also keep asking myself: what sort of “citizen” would still claim it’s right to go ahead with the mining & even file suit to do so?
Seems like local control is sacrosanct to the Republicans when it involves social issues such as banning books in schools and protests but not when there is money involved. Interesting to see how this shakes out.
The state board caused this mayhem. Man up Gordon, Grey, and Degenfelder. Fix the problem you caused. I sure do hope that the 18,000 petition signers vote them out of office. This is what happens when our politicians ignore the public. By the way, nothing is ‘sacrosanct’ to the republican party, not even the peoples vote.
Why Prism wants to destroy 3400 acres of the face of Casper Mountain for simple rapacity is a head scratcher! Prism’s leases run right up to Trues’ land on Garden Creek, let’s start there, currently zoned UA allowing mining with a conditional use permit.