New council member resigns

New council member resigns

Recent additions to the Wyoming Environmental Quality Council have all come from the oil and gas industry, which could hinder the council on matters regarding water discharge — a key element of the state’s energy industry.

When terms for three of the seven-member council expired at the end of January, Freudenthal appointed Craig Newman, David Searle and Kirby Hedrick to fill the seats. In recent weeks, it’s been determined that all three must recuse themselves from cases that involve the “national pollution discharge elimination system” program under the Clean Water Act, according to the EQC.

Federal regulations stipulate that a person who earns more than 10 percent of his gross income from a company that holds a national pollution discharge permit must recuse himself from permit controversies.

Newman, a Casper-based oil and gas attorney, said he became aware of the recusal rule himself when filling out forms for the appointment, and offered his resignation about two weeks ago. The governor’s office announced the resignation Monday.

“It would have disqualified me from acting on any of those NPDES hearings, and I know that’s a big part of the council’s upcoming business,” Newman said. “I was actually looking forward to being on the council.”

On Monday, Gov. Dave Freudenthal named his replacement for Newman: Mark Gifford, also a Casper-based attorney who has worked extensively on oil and gas issues.

Joe Girardin, a staff attorney for the Environmental Quality Council, said Tuesday afternoon that his office still had not determined whether Gifford would also have to recuse himself under the same federal regulation.

Girardin explained the difficulties that such recusals present. He said statutes require that the seven-member council must come to a majority decision. If three members had to recuse themselves from a docket case — which can go on for several months — all four of the qualifying members would have to participate in all the hearings and come to a unanimous decision to satisfy the “majority” statute.

So even if only Searle and Hedrick recuse themselves from national pollution discharge permit cases before the council, it would be extremely difficult for the council to act on them.

“It’s still working with a partial council on what are going to be the biggest issues that come before the council,” said Jill Morrison of the Powder River Basin Resource Council.

Cara Eastwood, press secretary for Freudenthal, said the governor hopes Gifford does not fall under the same recusal rule, although he was uncertain of Gifford’s status. Eastwood also noted that two of the outgoing council members sometimes had to recuse themselves from such issues.

“So the accounting works out,” Eastwood said.

Gifford, 50, is a graduate of the University of Wyoming and the Stanford School of Law. From 1981 to 1990, he practiced with the firm of Brown & Drew. For two years in the 1990s, Gifford was an attorney with Gifford & Bonner. From 1991 to 1995, he was partner with the firm of Reeves, Murdock & Gifford, where he focused on contract disputes, employment law and commercial litigation.

“I’m delighted that Mark agreed to join the Environmental Quality Council,” Freudenthal said in a press release Monday. “His skills in consensus building and dispute resolution, in addition to his experience as an attorney, will certainly come into play when he serves on the council.”

Information from: www.casperstartribune.net

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