The Wyoming Outdoor Council and our allies have won one for Wyoming’s ranchers, wildlife and water quality. In January, federal district court Judge William Downes ruled that the Army Corps of Engineers’ general permit for in-stream dams designed for coalbed methane- produced waters were illegal under the Clean Water Act. These dams have been responsible for dumping millions of gallons of polluted water directly into Wyoming’s waterways.

“The Court is cognizant of the importance of mineral development to the economy of the State of Wyoming,” Judge Downes wrote in his decision. “Nonetheless, mineral resources should be developed responsibly, keeping in mind those other values that are so important to the people of Wyoming, such as preservation of Wyoming’s unique natural heritage and lifestyle.

“This Court will not rubberstamp an agency determination that fails to consider cumulative impacts, fails to realistically assess impacts to ranchlands, and relies on unsupported, unmonitored mitigation measures,” Downes concluded.

The agency determination in question—General Permit 98-08—authorized coalbed methane operators to construct dams across small streams throughout Wyoming to hold water produced in the development of coalbed methane gas. The Corps is allowed to issue general permits when the environmental impacts can be characterized as minimal. The Wyoming Outdoor Council, together with Earthjustice, the Powder River Basin Resource Council, and the Biodiversity Conservation Alliance, argued the effect of discharging massive amounts of water produced by coalbed methane production in our state’s streams was far from minimal. The number of dams involved was also more than minimal, and the produced water was known to contain pollutants that would have lasting impacts on the land and on water quality. Judge Downes agreed.

What’s At Stake?
Coalbed methane gas is released from coal seams when water is pumped from overlaying aquifers to the surface. This water may be pumped at a rate of up to 100 gallons a minute. Since 2001, billions of gallons have been pumped from underground aquifers to get at the coalbed methane gas in the Powder River Basin. Much of this water, while suitable for livestock and wildlife, can be harmful when discharged on clay soils and native grasses because of its high levels of sodium. The water also contains varying levels of arsenic, iron, barium and manganese, all of which can pose human health hazards.

“As downstream landowners, we have suffered damage to the soil and vegetation on our ranch from coalbed methane in-channel water pits. We hope [this decision] will help stop the irresponsible development of coalbed methane,” says Bernadette Barlow, a rancher and longtime Wyoming Outdoor Council supporter.

Besides the impacts to ranchers, unique fish and aquatic plant communities in Wyoming’s streams are also threatened by coalbed methane-produced water. The Powder River is one of the last remaining undammed prairie rivers in North America and contains some rare native fish. Little is known about the effects of polluted coalbed methane water on these species.

As a result of the district court ruling, operators will no longer be able to build new dams in waters of the United States anywhere in Wyoming until the Corps properly considers the impacts of the action.

“It feels good to have Judge Downes agree with our position after all these years,” says the Neil Levine, who worked on the case for Earthjustice. “It’s been a long battle. I’m happy the court is holding the Army Corps responsible for their actions and for the implications of these actions on the land, people and water affected by coalbed methane development.”

What’s Next?
Judge Downes’ ruling could affect plans for water disposal in connection with an additional 35,000 wells yet to be drilled in the Powder River Basin.

The Corps could still issue a general permit if it takes into consideration all of the factors they failed to consider when they first issued the permit as outlined in Judge Downes’ ruling. But for now the Corps must undertake a substantial review of each dam and prohibit dams that do not comply with the Clean Water Act.