July 19, 2024 - Governor Gordon has announced that the Wyoming Energy Authority (WEA) selected Brownstein Hyatt Farber Schreck (Brownstein) to support the State’s coal litigation efforts. The firm, which includes former U.S. Secretary of the Interior David Bernhardt, will assist Wyoming’s fight against the latest round of rules issued by the Environmental Protection Agency concerning coal-fired power plants.

“Wyoming is marshaling all available resources to fight the Biden Administration’s ongoing attack on our coal industry, our workers, and ultimately our communities,” Governor Gordon said. “It is a testament to former legislatures that they saw fit to set aside additional funds to supplement the outstanding work already being done by our Attorney General’s office.”

The Governor allocated $300,000 in Coal Litigation Funds to the WEA on May 20, 2024, and the WEA opened a request for proposals for coal litigation support on June 7. 

Brownstein is expected to assist the State of Wyoming and other plaintiff states in efforts or actions against regulations or laws that impermissibly impede Wyoming’s ability to export coal; cause the early retirement of coal-fired electric generation facilities located in Wyoming; or that result in the decreased use of Wyoming coal or the closure of coal-fired electric generation facilities that use Wyoming coal. 

“In a time where we need more energy, not less, any rule or regulation that takes an entire resource off the table is not only illogical but dangerous,” said Rob Creager, Executive Director of the WEA. “Wyoming is committed to  defending Wyoming’s coal industry and the reliable, affordable power that it supplies to millions of Americans. We are eager to be able to provide assistance to the State of Wyoming in its fight.” 

Governor Gordon previously announced his allocation of an additional $800,000 in Coal Litigation Funds to the Attorney General in preparation to challenge the upcoming final Record of Decision for the Buffalo Resource Management Plan Amendment (RMPA). Those funds will be utilized to supplement the AG’s efforts through a contract with Consovoy McCarthy, a private firm with proven expertise in federal administrative law.

Founded in 1968, Brownstein practices in the areas of energy, natural resources, government relations, corporate law, and litigation with 300 attorneys and legislative consultants in 12 offices across the western U.S. and Washington, D.C.

Additionally, Governor Gordon recently submitted his Governor’s Consistency Review to the BLM regarding the Buffalo Coal RMPA and final Supplemental Environmental Impact Statement. This review can be found here.