Colorado Politics

Tribes sue to halt exploratory drilling in Black Hills near sacred ceremonial site | OUT WEST ROUNDUP


SOUTH DAKOTA

Tribes sue to halt drilling

SIOUX FALLS — Nine Native American tribes in South Dakota, North Dakota and Nebraska are suing the federal government in a bid to stop exploratory drilling for graphite near a sacred site in the Black Hills.

A small group of opponents has been demonstrating at the drilling location and at the mining company’s headquarters in what they call a land defense effort since they learned ground was broken on the drilling project in late April.

The tribes filed their federal lawsuit on April 30 in South Dakota against the U.S. Forest Service and U.S. Department of Agriculture, alleging the agencies violated federal law by greenlighting a project near a site called Pe’Sla, a meadow in the central Black Hills used for tribal ceremonies, prayer and youth camps year-round. Buffalo regularly graze at the site, the suit said, adding the project poses a threat to wildlife.

The 1868 Treaty of Fort Laramie granted the Sioux Nations rights to the Black Hills, but the U.S. broke the treaty after gold was discovered. Though the Supreme Court ruled the Sioux were owed compensation, they have not accepted it and consider it unceded territory.

The complaint said the project by Rapid City-based mining company Pete Lien & Sons would impact the use of Pe’Sla for traditional, cultural and religious purposes by the tribes, and that the Forest Service did not consult with the tribes before approving the project.

The Forest Service granted a permit to the project in February without an environmental review because the agency said it qualified for a categorical exclusion by having a duration of less than a year and not posing impacts to environmental and cultural sites.

But tribal opponents disagree that those requirements were met and said drilling projects are often a first step leading to future mines.

WYOMING

Backup abortion rule certified

Gov. Mark Gordon has signed a certification activating an alternate abortion provision after a Natrona County court temporarily blocked enforcement of House Bill 126, the Human Heartbeat Act, while its constitutionality is reviewed.

The law directs that if the attorney general deems the Heartbeat Act unenforceable, the governor must certify an alternate provision.

On May 1, Gordon did so, triggering a rule that bans abortions after viability except to save a woman from imminent danger.

Gordon also renewed his call for a constitutional amendment so Wyoming voters can decide the issue directly.

“The Wyoming Supreme Court has made clear this question is ultimately constitutional. The people should have the final say,” he said.

A week earlier, Natrona County District Court Judge Daniel Forgey partially blocked enforcement of the most restrictive provisions of the act, which was passed by the Wyoming legislature this year.

Forgey’s order did not block article five of the Act, which includes a trigger provision banning abortion after fetal viability, with only narrow exceptions.

Lawmakers weigh COLA boost

CHEYENNE – For nearly two decades, Wyoming’s public retirees have not received a cost-of-living adjustment, or COLA. Now, lawmakers are considering a change after stakeholders have continued to express concern.

The Joint Appropriations Committee met on May 1 to discuss the issue. Currently, the state’s pension investment performance is doing well, but thousands of retirees have seen their purchasing power eroded by 18 years of stagnant benefits, according to testimony.

The discussion, part of the committee’s interim study on the Wyoming Retirement System, balanced a tension between state laws and the lived experience of 38,000 retirees who have not received a COLA since 2008.

Polly Scott, a senior fiscal analyst for the Legislative Service Office, briefed the JAC on the history of Wyoming’s pension reforms. Following the 2008 financial crisis, the legislature moved to protect the system’s long-term health by stripping the WRS board of its authority to award COLAs and requiring that plans be 100% funded before any adjustment could be considered.

Since the last COLA was awarded, the state’s cost-of-living index has increased by 67.5%, she said.

During public testimony, John Emmerich, a retiree from the Wyoming Game and Fish Department, said inflation has turned comfortable retirements into a “tough” struggle, adding that the average retirement pay is $22,000 a year.

The JAC will continue to refine these models over the summer, with the potential for draft legislation for the 2027 general session.

MONTANA

Bear attack kills hiker

WEST GLACIER — The body of a missing hiker was found in Glacier National Park in what authorities say appears to be the first deadly bear attack at the iconic Montana park since 1998.

“His injuries are consistent with those sustained by a bear encounter,” the National Park Service said in a written statement on May 7. “Wildlife and law enforcement personnel are currently assessing the area for bear activity and any ongoing public safety concerns.”

The hiker’s body was discovered on May 6 in a densely wooded area about 50 feet off the Mount Brown Trail. No other details were immediately released, but authorities had been searching for Anthony Pollio, 33, of Fort Lauderdale, Florida, after he disappeared on May 3.

Designated trails leading from Lake McDonald Lodge were temporarily closed while authorities investigate what happened.

Glacier National Park is home to grizzly bears and black bears. A bear last August swatted a 34-year-old hiker, injuring her shoulder and arm. The park service said the bear, accompanied by two cubs, was probably surprised and acted defensively.


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