Board Paves Way to Cancel Controversial Wind Leases After Court Ruling

In a significant reversal, Wyoming’s top elected officials on the State Board of Land Commissioners voted 3-2 on Thursday to initiate a process that could cancel two large-scale wind energy leases. The vote follows a district court ruling that found the board broke its own rules in approving one of the projects last year.

🔄 The Vote and the Reversal

The motions were passed by Secretary of State Chuck Gray, State Auditor Kristi Racines, and Superintendent of Public Instruction Megan Degenfelder. Governor Mark Gordon and State Treasurer Curt Meier voted against the move.

· Who Voted For: Secretary of State Chuck Gray, Superintendent Megan Degenfelder, Auditor Kristi Racines.
· Who Voted Against: Governor Mark Gordon, Treasurer Curt Meier.
· Key Action: Directed the state Attorney General to withdraw his appeal of a court ruling against one lease and began a formal “due process” procedure to potentially cancel both.

This vote marks a stark change from April 2025, when the same board approved the leases. Degenfelder, who voted for the leases last year, stated her previous vote was wrong. Gray emphasized the leases are “inconsistent with our values” and violate board rules.

⚖️ The Legal Trigger

The board’s about-face was triggered by a December 2025 ruling from Converse County District Court Judge Scott Peasley. The judge found the board violated its own regulations by approving the “Pronghorn H2” lease in Converse County. The board’s rules require wind projects on state land to feed power into the electrical grid. The Pronghorn project, which initially planned to produce hydrogen, did not meet this requirement.

State Auditor Racines applied the same logic to the “Sidewinder” project in Niobrara County, arguing that “if lease A is in violation of the law, then lease B is in violation of the law.”

💬 Developer Reaction and Public Concerns

Paul Martin, president of Focus Clean Energy (the developer behind both projects), stated they will not immediately sue the board because it voted to start a cancellation process rather than an outright cancellation. However, he expressed confidence the board would not ultimately prevail, noting his company “did everything [the state] asked us to.”

During the meeting, numerous members of the public urged the board to halt the projects, citing concerns about:

· Impacts on wildlife, particularly birds like eagles.
· Effects on landscape views and tourism.
· Potential health impacts from turbine noise or particles.
· A perceived lack of transparency in the initial approval process.

🏛️ What Happens Next & Broader Implications

The board’s vote does not instantly cancel the leases. It starts a formal administrative procedure where the developer will be notified and given a chance to contest the action. This process could still lead to litigation.

State Treasurer Curt Meier warned that revoking the leases could spark a multi-billion-dollar breach of contract lawsuit and damage Wyoming’s reputation with business investors. Governor Gordon suggested that the state legislature, which has long debated but resisted placing a severance tax on wind energy, should provide clearer policy direction on such projects.

The future of these two projects, which span over 166,000 combined acres (about 13% of which is state-owned land), now hinges on the outcome of this newly initiated state process and any subsequent legal battles.