Legislative Work
Wyoming Adoption of the Surface Owner Accommodation Act
In the West, the ownership between the surface estate and the mineral estate is often different.
The mineral estate may be owned by the federal government, state government, tribal
governments, or private entities and individuals. The long standing law recognized the mineral
estate as being dominant to the surface estate. This meant that the mineral estate owner could
use the surface estate as much as was necessary to extract or export the minerals. The damages
suffered by the surface owners were for the most part uncompensated, even when there was
serious and permanent damage to the surface estate.
Together with Laurie Goodman and many landowners, we helped form a political action
committee, known as LAW,
http://www.wyominglandowners.org/splitestates/index.php, which
worked for the passage of the Surface Owner accommodation Act, which is now codified.
Notably, Laurie Goodman, with our help, convinced the legislature to allow for jury trials to
determine the difference between the value of the surface estate before and after the mineral
development.
Eminent Domain Law
We again were privileged to work with Laurie Goodman and other land owners to preserve the
land owner’s right to a jury trial to determine damages occasioned by companies, primarily large
oil and gas pipeline companies and other energy companies, for the installation of transmission
lines, pipeline and roads. These changes were made effective in 2007.
Duty of Care Bill
For several years Wyoming has led the nation in workplace fatalities. The majority of these
deaths occur in oil field related activity. The vast majority of those deaths are suffered by
employees of “independent contractors” who work for the world’s largest oil and gas companies.
This legislative effort met stern and vociferous opposition by the oil and gas industry and many
elected officials. We continue to work for the legislature to adopt a bill to hold oil company
operators accountable for injuries and deaths to oil field workers, whether or not the injured or
killed person is a direct employee of the oil company or the employee of a "independent
contractor." This effort was spearheaded by Alexandra Fuller, author of the Legend of Colton H.
Bryant, Laurie Goodman, a lobbyist we hired to represent the injured workers, their families, and
the loved ones of workers who have been killed. All of the members of our office poured their
hearts and souls into this effort. The focus on these workplace fatalities were treated in two Los
Angeles Times articles.
"Oil workers hit political rough patch" - LA Times, August 24, 2009
"Bucking a Wyoming Industry" - LA Times, March 10, 2009
We were also able to convince the Legislature and Governor's office to ask for assistance from
NIOSH (The National Institute for Occupational Safety and Health) to secure data and provide
guidance for methods to reduce Wyoming’s workplace fatality rate. The legislative response
involved an increase in fines for failure to use a seatbelt and increases in OSHA penalties. Even
these modest reforms were defeated in the Wyoming Senate. We will continue to work for
meaningful reform with Worker Safety PAC, a lobbying group for Roughnecks we helped form
in 2009 and through our writing and proposals for legislative reform.
"Representative Gingery and Senator Tony Ross stand up to strengthen Wyoming's Workplace Safety Act" - WTLA, Winter 2010
Riverton Mayor
John Vincent was elected Mayor of Riverton in 2002. During his two terms, Mayor Vincent has
worked tirelessly to improve relationships between tribal governments, tribal members and city
government and city officials. This work has resulted in a close working relationship between
the City and the Arapahoe Tribe. The purpose of this cooperation is intended to improve
people’s lives and livelihoods whether they live on or near the Wind River Indian Reservation.
Mayor Vincent has also worked diligently for the location and construction of the state’s first job
corps center. It will be known as the Wind River Job Corps Center. Leaders hope to offer
training in oil and gas field work, especially that related to safety activities. Mayor Vincent
intends to work closely with the U.S. Department of Labor to create employment opportunities
for the Corps graduates in job settings that are as safe as humanly possible.
Mayor Vincent also oversaw the revitalization of Riverton’s Main Street and continues to work
on many other community and economic development projects for Riverton and Fremont
County.
John is a staunch supporter of a safe and sustainable mineral industry and works toward that end.
He worked in the industry as a young man, and he has a son and a brother who work in the
industry. Mayor Vincent appreciates first-hand the risks associated with this kind of
employment and of the benefits the employment provides many Wyoming residents.
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