CHEYENNE, Wyo. – Environmental watchdog groups are eager to get back in the field after a Wyoming federal district court this week struck down so-called data trespass laws.

Erik Molvar, executive director of the Western Watersheds Project, says by threatening citizens with jail time for collecting environmental data on public lands – if private lands had been crossed to reach those sites, even accidentally – the laws made it a lot harder to hold polluters accountable.

"So basically the law clamps down on the free speech rights of environmental watchdog groups, and indeed any member of the public, that wants to warn a federal agency that a problem is happening on public lands that that agency manages," he states.

Legislators passed laws in 2015 and 2016 arguing that measures were necessary to protect the rights of property owners.

But the judge wrote in his ruling that "there is simply no plausible reason for the specific curtailment of speech in the statutes beyond a clear attempt to punish individuals for engaging in protected speech that at least some find unpleasant."

Molvar says his group has collected scientific data for years showing that a majority of waterways on publicly owned lands in Wyoming are contaminated by potentially lethal fecal bacteria from livestock, in violation of the Clean Water Act, and he believes the state laws were passed to protect industry from being held accountable.

"But the Wyoming Legislature wanted to suppress our ability to warn the public about these serious health and safety problems and the risks that are posed by the livestock industry and their fecal coliform contamination," he states.

The court's ruling strikes down the state laws and permanently blocks them from being applied.

Earlier this year, the Wyoming Legislature passed a law that would have added bigger penalties to people who exercised their free speech rights at energy facilities, but the statute was vetoed by Gov. Matt Mead.


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ROCK SPRINGS, Wyo. -- This weekend, athletes from across the nation gathered in South Pass City to Run the Red, a series of marathons through the Red Desert celebrating Wyoming Public Lands Day.

Runners tackled a high-altitude pass used to cross the Continental Divide on ancestral lands of the Shoshone, Bannock, Ute and Arapaho. COVID canceled last year's event.

Matt Cuzzocreo, BLM wildlands organizer for the Wyoming Wilderness Association, said this year saw a lot of pent-up demand from runners eager to experience one of Wyoming's unique and vast open spaces.

"Soaring western buttes that have the iconic shape, and then deeply eroded canyons, very unique and picturesque geologic landforms," Cuzzocreo observed.

In 2019, Gov. Mark Gordon signed legislation recognizing the fourth Saturday of each September as a day to celebrate the public lands that are central to Wyoming's quality of life, economy and heritage. Wyoming was the third state in the country to declare a state public lands day.

Run the Red was launched in 2014 with the aim of conserving the Red Desert's rugged landscape. It brings people from all regions and walks of life to southwest Wyoming.

Mike Hulen, owner and head brewer for Square State Brewing Co. in Rock Springs, said outdoor recreation on public lands helps keep small towns across Wyoming open for business.

"Whether they are rock climbing, hunting, hiking, backpacking, we're kind of the gateway community for those activities," Hulen explained. "And outdoor people typically come for a taste of craft beer, they kind of seek us out as part of that journey. So, we're happy to host them."

The Red Desert is currently undergoing a management review by the U.S. Bureau of Land Management's Rock Springs Field office. Cuzzocreo noted this weekend's event also helped introduce people to the planning process that will impact access to the special landscapes.

"These are federal public lands, and they belong to every American," Cuzzocreo asserted. "We want to make sure that folks recognize the access that they currently have, and try to educate some people with how to engage with their land-management agencies and make their voice heard about how they would like those lands managed."

Support for this reporting was provided by The Pew Charitable Trusts.

MCCALL, Idaho -- After the rejection of a developer's proposed land swap near Payette Lake, a coalition of groups wants the state to do the opposite.

The coalition United Payette submitted a proposal today to conserve more than 5,000 acres of endowment lands near the lake. The plan has support from Valley County, the nearby city of McCall and the Shoshone-Bannock Tribes.

Jonathan Oppenheimer, external relations director of the Idaho Conservation League, said the surrounding community wanted to come up with a better solution than development.

"Together we've been working to develop this plan over the last several months," Oppenheimer explained. "And [we] are hopeful that it will be well received and looking forward to working with the Department of Lands and the Land Board to see the project implemented and ultimately to see the lands around Payette Lake protected as public lands for future generations."

More than 1,200 people have signed a petition supporting the proposal. Trident asked the Idaho Board of Land Commissioners to rescind the Department of Lands' decision and hold a contested case hearing, but the board unanimously rejected their requests this week.

The Department of Lands said Trident undervalued the land around the lake. The agency is constitutionally required to maximize returns on endowment lands, which generate money for public schools and other beneficiaries.

Oppenheimer pointed out many community and regional stakeholders were concerned about the privatization of thousands of acres around Payette Lake.

"Resulting in development along the lakeshore and limiting public access on what are now state endowment lands that have been managed for decades for public use and accessibility to the lake, as well as for timber harvests and for other public purposes," Oppenheimer outlined.

Oppenheimer described what United Payette has in mind for the area.

"We are looking at some elements here that could include conservation and recreation leases on some of these lands, potential conservation easements," Oppenheimer noted.

Trident had paused its lawsuit against the state, pending the outcome of the hearing. It's back on. The developers argue the state overvalued the land, calling their proposals' rejection "capricious" and "arbitrary" or an "abuse of discretion" and alleging bias among a member of the Department of Lands' staff.

LAS VEGAS, Nev. - Admission to any state park in Nevada is free this coming Saturday, as part of the first Nevada Public Lands Week - with a series of online and in-person events showcasing Nevada's natural heritage.

The events are listed online at 'NevadaPublicLandsDay.com.'

Will Pregman, communications director for the Institute for a Progressive Nevada, said public lands are the backbone of the outdoor economy, which generates $12.5 billion in economic activity every year.

"The outdoor recreation industry supports tens of thousands of jobs," said Pregman. "So it's both an economic incentive and an environmental incentive to protect these lands and make sure that they're preserved for generations to come."

On Tuesday night, the topic of an interactive town hall is the need to use funds from the American Rescue Plan on conservation projects, given the record-breaking heat, raging wildfires and a water shortage at Lake Mead.

And on Saturday, groups are hosting a trash pick-up at Mountain's Edge Regional Park in Las Vegas.

Gov. Steve Sisolak recently signed an executive order to prioritize wildlife corridors, and the Legislature passed a resolution supporting the Biden administration's goal of preserving 30% of the country's land by the year 2030.

Pregman said everyday Nevadans play a big part as well.

"These things are valuable and will continue to be preserved," said Pregman, "as long as there are people out there who know about it, and understand it and care about it."

Native American tribes and conservation groups are also pressing for the creation of a national monument at Spirit Mountain outside of Laughlin, known as Avi Kwa Ame.