Let's Do the Work!

The emergence of the Pronghorn H2 Project on Wyoming’s landscape brought with it the promise of renewable energy and economic growth. However, this opportunity also sparked significant concern and uncertainty among residents. Community members actively sought information and dialogue through public forums, a website and informal gatherings, eager to understand the project’s implications and to have their voices heard. Unfortunately, as anticipation around Pronghorn H2 intensified, so did frustration with the county commissioners, whose lack of communication left constituents feeling excluded from the decision-making process.

Rather than embracing their roles as community leaders, the commissioners primarily relied on statutory requirements to justify limited engagement.  Statutes that we, “the public” understand. By referencing regulations and formal procedures as the only avenues for public input, they avoided initiating early conversations or addressing concerns prior to a project application. The refrain, “Our hands are tied,” became commonplace, suggesting that legal frameworks served as obstacles to public dialogue rather than guides for transparent governance.

Wyoming’s counties, particularly those without adopted zoning regulations, do face unique legal and procedural challenges. Commissioners often contend that statutory limitations restrict their ability to respond proactively. However, this perspective overlooks the range of statutory tools designed to facilitate county leadership—tools that, if used effectively, can help direct project outcomes to reflect local values. Statutes should empower commissioners to lead, not serve as barriers to engagement.

It is important to clarify that no Wyoming statute prohibits county commissioners from meeting with constituents or engaging in open, respectful conversations prior to the filing of a project application. The choice to remain silent is not mandated by law but is instead a matter of approach. Genuine public service requires listening, learning, and anticipating the needs of the community.

Even in the absence of zoning authority, counties retain significant statutory powers, such as offering an advisory opinion regarding the leasing of State land within their respective counties, evaluating environmental and community impacts, coordinating with state agencies, even negotiating development agreements (mitigation), imposing temporary moratoriums and holding public meetings. Proactive engagement and early involvement enable counties to shape development in ways that align with community priorities and manage potential impacts. The true shortcoming in the Pronghorn H2 Project process is not a lack of legal authority, but a reluctance to utilize available mechanisms and engage meaningfully with the public.

As emphasized by the Wyoming County Commissioners Association in its January 9, 2026, memorandum, “Thoughtful and regularly reviewed comprehensive plans, zoning regulations where adopted, and clear application and review procedures are essential to maintaining certainty, managing risk, protecting the public interest, and preserving county authority as development patterns and technologies evolve. Counties are not required to rely indefinitely on planning or regulatory frameworks that no longer adequately address changing conditions, but neither are they required to adopt zoning if that approach does not align with local priorities. For counties that do choose to regulate land use through zoning, periodic updates can clarify expectations and strengthen local authority. For counties without zoning, proactive use of statutory tools such as wind and solar permitting authority, coordination with the Industrial Siting Council, and early engagements with project proponents, can help address community concerns and manage impacts within existing legal constraints. While these efforts may require deliberate work and public engagement, they are often preferable to reacting to development under outdated, incomplete, or ill-suited frameworks.”

The Dillon Rule, which limits their powers to those expressly granted by the state legislature, those necessarily or reasonably implied, and those essential and indispensable to their existence, does not render the counties helpless. In fact, it invites a collaborative effort between the State and the counties regarding the ever-changing conditions regarding a host of issues. It is the duty of the county commissioners and by association, the WCCA to do the “deliberate work” to advocate, inform, advise and petition the State for change. The Dillon Rule has its founding in creating a more accountable local government structure, not in suppressing it.

In summary, the experience of the Pronghorn H2 Project underscores the importance of proactive leadership. When commissioners default to statutory defenses and neglect engagement, they risk eroding public trust and missing opportunities for constructive outcomes. Effective governance demands not only compliance with regulations but also initiative, openness, and a commitment to meaningful community involvement. Wyoming’s future success will depend on leaders who embody these qualities and prioritize the spirit of public service.